A three-member Court of Appeal bench found that the non-production of 112 statements given to police by witnesses had prejudiced the defence of Law Kian Ming and Dong Jhen Yu.

In acquitting the duo, a three-member Court of Appeal bench chaired by Vazeer Alam Mydin Meera said it was bound by the fair trial principle as advocated by the Federal Court last year.

Vazeer, who sat with Abu Bakar Jais and Hashim Hamzah, said they also agreed with the legal principle established by another Court of Appeal bench in 2019.

“The convictions of the appellants are unsafe and they are hereby acquitted,” he said in allowing the appeals by Law, 50, and Dong, 30.

Last year, apex court judge Zawawi Salleh said it was the duty of the prosecution to make available to the defence all witnesses who had been investigated and whose statements had been recorded in order for the accused to get a fair trial.

Zawawi said it was also desirable, in the interest of justice, for the defence to obtain the fullest possible access to the facts relevant to the case.

In the Court of Appeal ruling, it was held that the prosecution had to hand over statements of witnesses who were offered to the defence in criminal trials.

Dong, who arrived here as a tourist, and Law were sentenced to death by the High Court two years ago for trafficking in 24.3kg of the drug, commonly known as shabu.

The offence is said to have been committed at a hotel room in Bukit Bintang at about 2.55am on Aug 20, 2017.

Lawyer Hisyam Teh Poh Teik, who represented Law, told the court that two Taiwanese nationals who were essential witnesses were never offered to the defence as they had been deported and their 112 statements were also not given.

“Similarly, the statements of a Filipina (Rozan) and a local (Sia Oh Boy) were also not delivered to the defence,” he said.

Hisyam, who was assisted by Low Wei Loke, said Rozan was initially offered as a witness but later withdrawn. He said Sia, although offered, was not produced by the prosecution.

“Sia’s statement was also not given to the defence,” he said, adding that the stance of the prosecution prevented the appellants from getting a fair trial.

Lawyers Gooi Soon Seng and Choong Kek Sen represented Dong. Deputy public prosecutors Zin Ibrahim and Azmi Mashud appeared for the prosecution.