Malaysia

[UPDATED] Court frees woman who birthed, raised baby in prison of drug charge

Prosecution fails to establish prima facie case against R. Devaki, judge rules

Updated 3 years ago · Published on 21 Jul 2023 3:11PM

[UPDATED] Court frees woman who birthed, raised baby in prison of drug charge
Judge Datin Rohani Ismail has freed R. Devaki, 34, after the prosecution failed to establish a prima facie case on drug trafficking against her. – Pic courtesy of Haresh Mahadevan, July 21, 2023

SEREMBAN – A woman who had to give birth to and raise her baby, now 17 months, while in prison was acquitted and discharged by the high court, here, today.

Judge Datin Rohani Ismail freed R. Devaki, 34, of a drug trafficking charge after the prosecution failed to establish a prima facie case against her.

Devaki was charged with the offence two years ago.

“After perusing the evidence submitted by both parties and a comprehensive assessment, the court finds that the prosecution had failed to prove the case against the accused.

“The accused is hereby acquitted and discharged,” Judge Rohani said.

Devaki was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the death sentence upon conviction.

She was charged with trafficking 237.8g of cannabis at a house in Bandar Dataran Segar in Port Dickson around 7.30pm on August 4, 2021.

“Please take good care of your son and yourself from now on. Do not make friends with anyone just like that,” Judge Rohani advised Devaki.

Devaki, who was in the dock, was seen folding her hands as she thanked the judge.

Her toddler was also brought to the court complex.

At the time of her arrest, Devaki was five months pregnant and delivered her child while imprisoned at the Sg Udang prison in Melaka.

Devaki was represented by Haresh Mahadevan and Ramzani Idris while Sharifah Maleeha Syed Hussin prosecuted.

Devaki, who has three older children, told reporters that the first thing she wants to do is offer prayers for her safe release.

Her husband at the time was working in Korea. The couple are now divorced.

“I am sad my son was born in prison, but I am grateful I am free now. 

“I will also never forget the judge’s advice,” she said.

According to the case’s facts, police found the drugs buried in the backyard of Devaki’s rented home during a raid.

However, she denied having any knowledge about the drugs. – The Vibes, July 21, 2023

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