A three-member Court of Appeal bench, chaired by Abdul Rahman Sebli, today set Katheryna Ryabalchenko free after prosecutors decided not to pursue her case.
Deputy public prosecutor Mohd Azmi Mashud said the Attorney-General’s Chambers had accepted Katheryna’s letter of representation not to appeal against her acquittal by the High Court.
Azmi said the prosecution informed the bench today that a notice of discontinuance was filed on Nov 30 to drop the case.
Katheryna, 29, an English teacher who worked in China, was charged with trafficking in 1.4kg of methamphetamine at the Kuala Lumpur International Airport in Sepang on June 15, 2015.
At the close of the prosecution’s case, the High Court in Shah Alam last year acquitted her as the key ingredients for trafficking were not proved.
However, the Court of Appeal, following an appeal by the prosecution, ordered her to enter her defence in April this year.
Four months ago, the High Court again acquitted her at the close of the defence case, stating the prosecution had failed to prove its case.
However, the High Court ordered her to be held as a remand prisoner pending appeal to the Court of Appeal.
Two months ago, the Court of Appeal allowed her to be out of prison pending the prosecutor’s appeal but she could not post bail of RM300,000.
She then remained in Kajang prison.
Ukraine’s envoy to Malaysia Olexander Nechytaylo and his staff were present today to observe the proceedings
Lawyer Muhammad Rafique Rashid Ali Rafique, who represented Katheryna, said the embassy had prepared the documentation and bought a flight ticket for her to leave for home tonight.
“She will arrive in her hometown in Kiev tomorrow morning to be with her family members,” he said.
Rafique said his client was acquitted twice because the court was satisfied that she had no knowledge, custody or control of the drugs.