The trial of three Indian nationals accused of drug trafficking aboard a Singapore-flagged vessel faced a major setback on March 14 when the captain, who was ordered to testify in person, failed to appear in court.
Raju Muthukumaran, 38, Selvadurai Dinakaran, 34, and Govindhasamy Vimalkandhan, 45, all from Tamil Nadu, have been detained in Indonesia since July 2024 and face the death penalty.
The men, long-time shipping industry workers in Singapore, were arrested for allegedly smuggling 106kg of crystal meth aboard the Legend Aquarius cargo vessel.
Acting on a tip-off, Indonesian authorities intercepted the vessel in the Pongkar waters of Karimun district, about an hour from Singapore by ferry.
At a press conference in Batam on July 17, 2024, Indonesian National Narcotic Agency chief Marthinus Hukom alleged that the three were the drug owners and had commissioned the trip.
Prosecutors have demanded the death penalty, the maximum sentence under Indonesian law.
The defence team, led by Indian law firm South Asia Lex Legal Services (SAL) and Indonesian firm Bambang Supriadi & Partners, argues that the charges are false.
“We firmly believe that the actual perpetrators have been set free,” said defence lawyer Yan Apridho.
Indian lawyer John Paul, managing partner of SAL, added: “We are focused on presenting a robust defence and highlighting the inconsistencies in the prosecution’s case.”
To strengthen their argument, the defence presented retired Indonesian Navy officer and international maritime law expert Soleman B. Ponto as a mitigating witness.
On Feb 25, Mr Soleman testified that under Indonesian law the ship’s captain holds sole responsibility for all cargo on board.
The defence contends that it is highly unlikely for such a large quantity of drugs to be smuggled without the captain’s knowledge.
In response to the testimony, the court summoned the captain to testify in person on March 14. However, he only appeared briefly via Zoom, preventing cross-examination by the defence.
“The case is under trial and crucial defence evidence, along with expert witness testimonies, is being presented to establish the innocence of the three detained Indian nationals,” said Mr Yan. “The absence of the captain’s evidence has raised questions about the prosecution’s case.”
The defence team insists that the captain’s testimony is crucial to establishing their clients’ innocence.
The trial is ongoing with a verdict expected on April 15.
