Malaysian police say a 54-year-old Filipino former pilot chartered the private jet at the centre of a 521 kg crystal methamphetamine seizure in Laos, and that he has a drug-related criminal record in the Philippines1. A 51-year-old Filipino woman is believed to have acted as the coordinator of the syndicate behind the shipment, according to the head of Malaysia's narcotics investigation department2. Police have not released their names or said whether either has been charged, and neither has been convicted1. The case is also a reminder of the authority a charter crew has over what goes on board: the operator says its crew had already refused the bags before learning what they allegedly contained3.

What Malaysian police say

In a statement on 13 October, Datuk Hussein Omar Khan, director of the Royal Malaysia Police Narcotics Criminal Investigation Department (NCID), said investigators had recorded statements from several witnesses, including a Malaysian who acted as a broker for the charter2. "The individual revealed that the aircraft was chartered by a 54-year-old Filipino man who was identified as a former pilot with a drug-related criminal record in the Philippines," he said1. Police have not said which airline or operator the man flew for, or when14.

The case is being investigated under Sections 34 and 39B of Malaysia's Dangerous Drugs Act 1952; Section 34 covers acts in Malaysia that abet or prepare drug trafficking offences abroad12. Malaysian investigators are working with their Foreign Ministry and the Philippine Drug Enforcement Agency (PDEA)2.

The seizure at Luang Prabang

According to a Lao police report cited by the Vientiane Times, provincial police in Luang Prabang received a tip-off on 21 September that a group planned to smuggle narcotics across borders using a private aircraft flying in from Malaysia5. On 1 October, officers watching the airport saw two vehicles park in front of the terminal, after which airport staff moved 23 suitcases through an X-ray machine and onto the aircraft5. Police said 21 of the suitcases held 500 packs of crystal methamphetamine weighing 521 kg in total5. Thirteen people were detained, including the pilot, the co-pilot, a foreign tourist, three employees of a company and seven airport employees5.

The aircraft was a Learjet 55B registered N73GP3. US registry records show it as a 1986 airframe6. Its operator, CGT Asia, said it left Subang, near Kuala Lumpur, at about 11:30 local time with a single Filipino passenger who boarded without carry-on baggage, and reached Luang Prabang at about 13:303. Malaysian police said the flight was booked on 23 September for US$49,500, that the cargo was declared on the manifest as vape products, and that the drugs were believed to have been loaded in Laos for an onward flight to Manila rather than coming from Malaysia78. The Daily Tribune reported the crew as a Singaporean pilot and a Malaysian co-pilot9.

The operator's account: 23 bags too many

CGT Asia's chief executive said the crew had been told the passenger would collect luggage containing vape products and would handle customs clearance himself, but not that there would be about 23 pieces3. According to the company, the crew raised concerns about the unusually large quantity, the Learjet 55B's baggage capacity, weight and balance, and the possible presence of lithium batteries or other items subject to dangerous goods requirements3. "The luggage was not accepted for carriage and was not loaded onto aircraft N73GP at Luang Prabang International Airport," the company said, adding that neither it nor the crew knew of any drugs until Lao authorities told them3. The PDEA also says the pilot refused to carry the baggage and that the operator cancelled the flight plan to Manila10.

That account differs from the Lao police report, which describes the suitcases being taken onto the aircraft511. Malaysian police say they are still investigating whether a co-owner of the company, a 49-year-old Malaysian pilot, was involved in the syndicate or was exploited by it71. He and three others were held at Subang on 7 October and released after giving statements28.

The concerns the crew raised map onto basic rules every pilot learns. Under ICAO Annex 2, the pilot-in-command "shall have final authority as to the disposition of the aircraft while in command"12. Battery-powered e-cigarettes have been banned from checked baggage for passengers and crew since an amendment in the 2015-2016 edition of the ICAO Technical Instructions, which US rules were aligned with13. Lithium batteries are why a large load of vape products draws attention from crews, as recent lithium battery incidents in the cabin have shown.

What is not confirmed

The PDEA says a Filipino was arrested in Laos on 1 October and that the charter was paid for by a second Filipino1410. The authorities have not confirmed whether that person is the former pilot named by Malaysian police, and his role has not been publicly established14. Lao police say questioning of the 13 people detained is continuing5.