Three Mexican brothers lose early bid to dismiss Malaysian death penalty case

Kula Lumpur -- The Federal Court of Malaysia has rebuffed an effort by three Mexican men to dismiss drug charges which have confined them for almost four years, and which could result in their eventual execution. The men had sought a ruling, known as a peremptory writ, which would have prevented the case from going forward for technical reasons. In rejecting the dismissal bid today the court ordered that the case be tried, but attorneys for the men said that in the event of a conviction, their legal arguments could be presented again for further consideration.

The accused are brothers Jose Regino Gonzalez Villarreal, 36, Simon Gonzalez Villarreal, 33, and Luis Alfonso Gonzalez Villarreal, 47, all from the western state of Sinaloa on Mexico's Pacific coast. Together with two Malaysians, they were arrested and charged in March 2008 with manufacturing and possessing methamphetamine and precursor chemicals (used to make the meth), and with narcotics trafficking. They have been in custody for over three years.

According to prosecutors, the Mexicans and the two Asians were arrested with a large quantity of drugs and cash. If they are convicted, the only punishment under Malaysia's draconian drug laws is execution by hanging. Two other Mexicans arrested in connection with the case were released for lack of evidence and deported.

Defense attorneys have challenged forensic test results of the chemicals which were seized when the men were detained, and have alleged that about a third of the materials disappeared while in police custody, preventing the court's analysis of all the evidence. They have also complained about the man who will preside over the trial, known as Malaysia's "hanging judge" for the numerous death sentences he has imposed. Today the federal court rejected all of those arguments, but it is free to review them again after proceedings in the lower court have been completed.

The case, which has been postponed several times, is likely to be tried in February 2012.

Update Feb. 2012: http://mexicogulfreporter.blogspot.com/2012/02/mexicans-prepare-to-testify-in-malaysia.html.