Leilanie Calitz, 41, and Catherine Terblanche, 68, were accused of trafficking 3.087kg and 2.29kg of methamphetamine at the airport at 8.45pm on Nov 24, 2014.
They were charged under Section 39B (1)(a) of the Dangerous Drugs Act 1952 which carries the mandatory death sentence upon conviction.
In March, High Court justice Lim Chong Fong ruled that the prosecution had failed to prove a prima facie case and the statements by the chemist were inconsistent.
Lead counsel for the respondents, Simon Murali, said the appellate court yesterday upheld the High Court ruling in acquitting and discharging the respondents.
“Yesterday, the Court of Appeal unanimously decided the appeal had no merits. Lim’s judgment in acquitting and discharging the respondents without calling for defence was upheld and affirmed,” he told FMT.
A three-member bench chaired by Justice Ahmadi Asnawi, who sat with judges Abdul Rahman Sebli and Kamardin Hashim, deliberated on the prosecutor’s appeal against the High Court ruling. The decision to uphold the previous ruling was unanimous.
Earlier, the appellate court allowed the prosecutor’s request to keep Calitz and Terblanche in remand while awaiting the outcome of the appeal.
Sukhindarpal Singh was co-counsel for the duo, while deputy public prosecutor Mohammed Zain Ibrahim appeared for the appellant.
After Calitz’s and Terblanche’s acquittal earlier this year, they were detained by immigration officers outside the courthouse for having an expired visa.
According to Simon, they had no money to pay their legal fees and were afforded pro-bono service throughout the trial.
He said they had been held in custody at the Jawi remand prison for the past four years and are expected to be flown back to South Africa tomorrow.