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Malaysia has no say over what happens to the Malaysia Airlines pilot arrested in Indonesia over an alleged drug-smuggling attempt
According to Transport Minister Anthony Loke, the case falls under Indonesia’s jurisdiction and is being investigated primarily by Indonesian authorities.
The 39-year-old pilot was arrested at Soekarno-Hatta International Airport on 28 July after Indonesian Customs officers allegedly found about 25kg of MDMA (ecstasy) and a small amount of methamphetamine in his luggage.
“As far as the case is concerned, it is under the jurisdiction of the Indonesian authorities. So, we have to respect the authority of the Indonesian police,” Loke was quoted as saying.
“The investigation is being conducted primarily by the Indonesian authorities.”
Speaking after the Ministry of Transport’s monthly assembly in Putrajaya, Loke said Malaysia would nevertheless provide full cooperation to assist Indonesian law enforcement.
The pilot has been charged under Articles 113(2), 114(2), and 132(1) of Indonesia’s Law No. 35/2009 on Narcotics, which carries penalties ranging from life imprisonment to death by firing squad.
However, according to the AFP, the country has maintained an unofficial moratorium on drug executions for years; the last time it carried out a death sentence for a narcotics offence was in 2016, when one Indonesian and three Nigerian nationals were executed by firing squad.
This photo released by the Indonesian Customs and Excise Office on 31 July shows the Malaysian pilot accused of smuggling drugs to Indonesia.
Image via Jakarta Globe
Malaysian police have sent a team to Indonesia
Loke said Malaysian police had already dispatched an investigation team to Indonesia to assist their Indonesian counterparts with the case.
He did not provide further details on the team’s role or the assistance being provided.
The Malaysian government’s position is that while its authorities can assist with the investigation, the criminal case itself remains under Indonesian jurisdiction.
A urine test conducted by Indonesian authorities following the arrest also reportedly found that the pilot tested positive for methamphetamine, MDMA, and cocaine.
The arrest had raised questions over whether the pilot had been operating an aircraft while allegedly under the influence of drugs.
The parent company of Malaysia Airlines, Malaysia Aviation Group (MAG), however, clarified on 7 August that he was not part of the operating crew during the flight to Jakarta.
MAG said the pilot was a Second Officer travelling in the cockpit jump seat as an observer and had been off duty for two days before the incident.
The aircraft was operated safely throughout the flight by two qualified pilots, the company said.
Meanwhile, MAG and other airlines have been told to strengthen screening
Loke said Malaysia had also asked MAG and other airlines to strengthen their screening and surveillance of pilots and cabin crew following the arrest.
“We will ensure that all airlines strengthen their surveillance and their screening of pilots and cabin crew,” he said.
MAG subsequently announced mandatory drug screening for all 1,260 Malaysia Airlines pilots, while the Civil Aviation Authority of Malaysia (CAAM) directed all airline operators in Malaysia to drug-test 100% of their active flight crew and cabin crew within 30 days.
Transport Minister Anthony Loke.
Image via Yusof Isa/Malay Mail