Chan King Yu

Sentenced to death by hanging, Chan King Yu’s conviction was finally quashed by Malaysia’s Federal Court after the police were found to have lied to the court.

Chan, a resident of Hong Kong, was arrested in a hotel room in Malaysia in June 2000 for possession of drugs. He was later charged, along with 11 others, with trafficking.

Chan’s trial was conducted in front of a single judge, as jury trials were abolished in Malaysia in 1995. Far from being innocent until proven guilty, the law reversed the usual burden of proof - requiring Chan to prove his innocence.

Chan was unable to do so and was sentenced to death by hanging (the statutory penalty for trafficking under Malaysian law) after losing his case at the appeal stage.

With the assistance of Reprieve, Chan’s conviction was finally quashed by Malaysia’s Federal Court (the highest in the country) on 14 November 2008.

Chan’s appeal lawyer Dato’ Mohammed Shafee Abdullah had uncovered evidence that the police search had been conducted in an improper and suspicious way. The police had entered the hotel room where the drugs were found twice, not once as they claimed at trial - and the first occasion was prior to Chan’s arrest.

The Federal Court’s three-judge panel therefore ruled that there was insufficient evidence against Chan and reversed his death sentence.