Malaysia's Court of Appeal has freed a British man sentenced to death for drug trafficking after ruling there were too many contradictions and inconsistencies in his case, the official Bernamanews agency said today.
Mr David Anthony Chell (58) a psychiatric nurse and father of two boys from Stoke-on-Trent, was last year ordered hanged by the High Court in Malaysia's northern Penang state for allegedly trafficking in 189.86 grams (6.7 ounces) of heroin.
Under Malaysian law, the death penalty is mandatory for smuggling more than 15 grams of heroin.
Mr Chell was arrested at Penang airport on October 7th, 1998, on his way to Australia via Singapore, with the heroin allegedly stuffed in 133 condoms and hidden in his underpants.
Bernamareported that the Court of Appeal in Penang found there was evidence not explained by the prosecution and too many contradictions and inconsistencies which remained unexplained in the case.
"The appellant is very lucky. He must thank God and his lucky star for his release", the news agency quoted Court of Appeal judge Shaik Daud Mohamed Ismail as saying in his ruling, reached with two others judges.
Bernamasaid Mr Chell stated 38 grounds in his appeal, among which was that the trial judge was wrong in accepting the evidence of the auxiliary policeman at the Penang airport.
The news agency said Mr Chell's counsel Karpal Singh asked the court to release his client's passports and other documents kept by the court so Mr Chell could fly back to England immediately.