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Five of the six foreign nationals released today. (left-right) Luu Suong Thu, Hendrikus Teutscher, Jorg Ulitzka, Celia Eberhard and Brendan Toner appear at High Court. Photo: Dickson Lee

Justice at last: Duped 'drug mules' freed in Hong Kong after being detained for attempting to smuggle crystal meth to Australia and New Zealand

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Lana Lam

Six foreign nationals who spent a total of more than seven years behind bars in Hong Kong awaiting trial for drug smuggling were freed Friday by a High Court judge who told the city’s law enforcers they must target the “major miscreants” behind the drug trade because “they are the evil ones”.

The so-called “drug mules” – four men and two women, all elderly or middle aged – had been accused of smuggling the addictive stimulant “crystal meth” from Hong Kong to Australia or New Zealand and were arrested as they were about to board flights at Hong Kong International Airport.

The six – German-born Australian resident Jorg Ulitzka, 80, Melbourne woman Luu Suong Thu, 44, US citizens William Moorman, 47, and Celia Eberhard, 68, a Northern Irish man Brendan Toner, 62, and Dutch national Hendrikus Teutscher, 75 – walked free after the prosecution offered no evidence.

Watch: Alleged drug smugglers cleared of charges in Hong Kong

“There’s a lesson to be learnt from this … Never have the words been truer than now that justice delayed is justice denied. The decision to terminate these six cases ... has taken too long,” said High Court judge Mr Justice Kevin Zervos.

The judge also warned law enforcement agencies in the city that dealing with drug trafficking “does not simply rest on the drug mules”.

“They too may be victims,” said Zervos, adding the forces of law and order must target the “major miscreants behind the drug trade” because “they are the evil ones”.

The six were each cleared of one charge of drug trafficking after the prosecution offered no evidence and withdrew the charges.

Never have the words been truer than now that justice delayed is justice denied. The decision to terminate these six cases ... has taken too long
Mr Justice Kevin Zervos

As a result, the judge immediately ordered that each defendant be released. Charges against another three defendants remain in place.

All six released on Friday were arrested on separate occasions at Hong Kong International Airport between April and November last year, just before they were due to board flights to major cities in Australia and in one case to Auckland.

Since April last year, 10 people have been arrested as part of a joint operation between Hong Kong customs, the Australian Federal Police and US Immigration and Customs Enforcement.

As of today, seven have been released.

The first person to be acquitted was 84-year-old widow and former New York socialite Elizabeth Kummerfeld, who spent a year on remand before she was released when the prosecution withdrew the charges, citing her bad eyesight as the reason.

Each of the six was caught with between 1.5kg and 4kg of crystal methamphetamine – also known as Ice – hidden in their luggage, and faced between 23 and 26 years in jail, if convicted.

Their release reflects a growing trend of major drug syndicates, usually from West Africa, targeting elderly, vulnerable people and turning them into pawns in the global network of illicit drug trafficking.

All six say they were tricked into coming to Hong Kong on a short trip for a range of reasons such as collecting money or under the guise of a business transaction.

Shortly before they were due to board a flight to Australia or New Zealand, they were all given gifts or items to take with them – each containing several kilos of crystal meth.

Most of the six defendants lived what was described by the judge as “socially isolated” lives which made them more vulnerable to being tricked.

Last month, they were granted bail after prosecutors raised no objections – a highly unusual move given that there was a strong evidence-based case as each defendant had been caught red-handed with the drugs in their possession and on their way to another country.

Their release marks the end of anxious times for the six who have been living on charity handouts and living in limbo, with their passports confiscated and facing an uncertain future.

The defendants were represented by barristers Gerard McCoy SC and Michael Arthur of Gilt Chambers. 

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