UKRAINIAN ACQUITTED OF DRUG TRAFFICKING
But, woman promply rearrested as her visa had expired
AUKRAINIAN woman was acquitted by the High Court of drug trafficking two years ago, without her defence being called.
Judicial commissioner Abdul Wahab Mohamed, in his judgment yesterday, ruled that the prosecution had failed to prove a prima facie case against Lopatkina Klavdiia, 23.
He cited several reasons for his decision, mainly the different descriptions of the wrapping of the drugs which left many questions unanswered.
“I have gone through the evidence in great detail and the doubt remains.
“I seriously doubt the exhibit. I am not satisfied that the items produced in court were the items seized from the accused,” he said.
Lopatkina, accompanied by an official from the Ukrainian embassy, dashed out from the courtroom as soon as police removed her handcuff.
However, her freedom was short-lived as she was rearrested by Immigration personnel as her visa had expired.
Lopatkina was charged with trafficking 1,541.8gm of cocaine at the domestic arrival hall of the Penang International Airport, about 11am on Dec 31, 2015.
She was charged under Section 39B of the Dangerous Drugs Act, which carries the mandatory death penalty upon conviction.
During the course of the trial, the arresting officer, the investigating officer and the chemist had given different accounts of the packaging of the drugs seized from the accused. Even the chemist’s oral evidence in court and report were different.
The judicial commissioner pointed out that there was closed-circuit television camera footage evidence, which was not produced in court.
He also said the investigating officer was given a lot of information, which he did not investigate.
Lopatkina’s lawyer, Datuk N. Sivananthan, said she had been staying in prison since her arrest on Dec 31, 2015, and was one month pregnant at the time.
He said she had given birth to a baby girl in prison and her mother had come from Ukraine to take the baby home.
It was previously reported that Lopatkina was carrying the drugs in two chocolate tins in two plastic bags when she arrived here from the Kuala Lumpur International Airport.
She had travelled from Ukraine to Dubai for a holiday here.
Deputy public prosecutor Noor Asrul Abd Rahman prosecuted.