Justice Harmindar Singh Dhaliwal, who led a three-member bench, said the panel found it disconcerting that there was no record of the exhibits marked and which prosecution witness they were tendered through.

Harmindar, who sat with Justices Nordin Hassan and Abu Bakar Jais, said there were also doubts as to whether the exhibits were tendered in the presence of the trial judge.

“Under the circumstances, we are constrained to hold that there has been a miscarriage of justice warranting a mistrial.

“In our judgment, the convictions recorded by the High Court and affirmed by the Court of Appeal are unsafe,” he said when setting aside the trio’s convictions and sentences.

Harmindar said the bench was persuaded that the appeals before the court could be decided solely on whether there was a break in the chain of evidence during the trial, although the defence had raised several other issues.

On Dec 6, 2019, the High Court in Penang sentenced J Balakrishnan, 68, and Iranians Abbasi Younes, 40, and Seyed Mohsen Namazikivi Seyedreza, 34, to death after convicting them of the offences.

They were charged with making preparations for trafficking methamphetamine, widely known as shabu, at a factory outlet which was turned into their drug laboratory in Taman Sri Rambai, Seberang Perai Tengah, at 10.10pm on Aug 20, 2015.

A fourth accused, Indian national Lacheme Devi Balasundram, was acquitted at the close of the defence’s case and the prosecution did not appeal.

The Court of Appeal also dismissed the trio’s appeals.

They were busted during a raid by the special narcotics intelligence team after an overnight observation.

Lawyers A Sahadeva appeared for Abassi, Afifuddin Ahmad Hafifi acted for Balakrishnan, and Hasif Hassan represented Seyed Mohsen.

Deputy public prosecutor Amril Johari appeared for the prosecution.