An extensive new report by the criminal justice system reform NGO Hayat contends that Malaysia’s anti-drug framework has evolved into a system that often punishes low-level couriers who are deceived and manipulated rather than kingpins that run the show. It traces this problem to two key legal mechanisms: statutory presumptions in the Dangerous Drugs Act and the doctrine of wilful blindness. Together, these rules shift the burden onto accused persons to prove they did not know they were carrying drugs, even in cases involving hidden compartments, forged travel arrangements, romance scams, or fraudulent job offers. A major focus is the landmark case of Herlina Purnama Sari, an Indonesian woman sentenced to death after drugs were found in her luggage. 

In this episode, we unpack this and more with Tham Jia Vern, who's a researcher at HAYAT and one of the authors of the report. 

Image Credit: Hayat

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