Justice K Muniandy made the pronouncement when allowing Cheng Ruey Hoe’s application to convert a discharge not amounting to an acquittal (DNAA) previously granted over a charge of trafficking methamphetamine, into a full acquittal.

The judge held that chain prosecutions — the prosecutorial practice of sequentially reviving dormant charges to prolong an accused person’s detention — violates the right to personal liberty as enshrined in Article 5 of the Federal Constitution.

Cheng, 46, was initially charged with two counts of drug trafficking — one involving almost 3kg of methamphetamine (commonly known as syabu), and the other involving 500g of cocaine — allegedly found in a hotel room in Pudu on Sept 9, 2023.

On Aug 2 last year, Muniandy granted him a DNAA in respect of both charges, citing the lack of the public prosecutor’s consent to proceed with the two cases. The ruling left open the possibility of Cheng being charged again for the same offences.

Later that same day, Cheng was charged in the sessions court with possession of cocaine — a separate offence arising from the same incident — the trial for which commenced in August and is ongoing.

Cheng is being held in remand at Sungai Buloh prison pending disposal of the case.

Last week, the High Court allowed Cheng’s application to be acquitted of the methamphetamine charge.

In his oral ruling, Muniandy, who now sits in the Court of Appeal, noted that the prosecution had ample opportunity to pursue the charge, but failed to do so. The judge’s written grounds are expected to be released at a later date.

Citing the Federal Court’s decision in Sundra Rajoo Nadrajah vs Menteri Luar Negeri (2021), Muniandy stressed that judicial oversight exists to prevent abuse of prosecutorial discretion and to uphold fairness in criminal proceedings.

Lawyers Gan Hsien Yang and Raqib Osman appeared for Cheng, with deputy public prosecutor Zaileen Nadia Zubir representing the prosecution.