The Federal Court allowed the final appeal of Lim Kee Fu, 41 and Tan Choon Ming, 43, as the defence had created a doubt about others possibly having access to the methamphetamine at a rented house in Cheras in 2013.

Chief Judge of Malaya Azahar Mohamed, who led a three-member bench, said the conviction of the two was unsafe as the trial judge and the Court of Appeal had misdirected themselves.

“The appeal is allowed and the appellants are discharged and acquitted of the trafficking charge,” said Azahar, who sat with Vernon Ong Lam Kiat and Mary Lim Thiam Suan.

The duo had been charged with committing the offence at a house in Taman Gemilang at about 8.45pm on Sept 9, 2013.

Evidence had been produced in the trial court to show that three people, including Lim and Tan, were arrested in a police raid. The other suspect, Ng Mei Cheng, was later freed and she became a prosecution witness.

According to the raiding officer, the two men had attempted to flee upon seeing plainclothes policemen armed with guns entering the building. Police seized 89 packets containing a powdery substance which, on chemical examination, was found to be methamphetamine.

Azahar, in his oral grounds, said one Chong Yew Chieng was the tenant, as shown in a tenancy agreement. However, he said, Chong was not called by the prosecution to boost its case as police could not locate him.

The tenancy agreement did not have the names of Lim, Tan or Ng.

“In our view, it cannot be discounted that Chong could also have placed the drugs in the house,” Azahar said, adding that Chong was a real person and not fictitious.

However, he said, the prosecution had relied on Ng to show that she had rented a room from Tan, also known as Ah Meng.

Noting that Ng had told the trial court that Tan was not present during the raid, Azahar said this testimony destroyed or substantially diminished the value of her earlier evidence.

“The prosecution did not clarify this point when re-examining her,” he said.

Azahar said the trial judge also drew an adverse inference when it was established that the men had attempted to escape from the house during the police raid.

“It was reasonable for them to panic and flee when the raiding party was in plainclothes and armed with guns,” he said.

Lawyer Gopal Sri Ram represented Lim and Tan while deputy public prosecutor Baizura Kamal appeared for the prosecution.