KUANTAN, March 12 — The Temerloh High Court today acquitted and discharged former diplomat Datuk Zainal Abidin Alias and his son, Mohamed Rizal, of all charges related to trafficking 989.6 grammes of cannabis (ganja), possession of cannabis oil, and cultivation of 102 cannabis plants at a house in Janda Baik, Bentong, in May 2022.
Judge Roslan Mat Noor made the ruling after finding that the prosecution had failed to establish a prima facie case against Zainal Abidin, 82, and Mohamed Rizal, 56, at the end of the prosecution’s case.
Lawyer Muhammad Farhan Shafee, who represented the father and son, said the court found that the prosecution had failed to prove a prima facie case against both accused, citing significant gaps in the investigation, topographical impossibilities, as well as the failure to link the accused to the prohibited items found on the property.
He said the court accepted the defence’s argument that the 102 cannabis plants discovered on the property could not be physically seen from the location of the first accused (Zainal Abidin) at the time the arrest was made.
“The judge said that the undulating terrain, steep slopes, and dense tropical foliage created a ‘shadow zone’, making it impossible for Zainal Abidin, who was 78 years old at the time, to see or be aware of the cultivation area from the garage or the main house,” he said when contacted.
Muhammad Farhan said that the court also ruled that the prosecution had failed to prove that the accused had exclusive control over the premises.
“The evidence that emerged during the trial showed that the house was not locked and could be accessed by various third parties.
“The judge also highlighted several ‘missed opportunities’ by the investigating team, which rendered their findings unsafe to be accepted as strong evidence,” he said.
He said that digital forensic analysis on devices belonging to the second accused, Mohamed Rizal, who was arrested in Shah Alam, Selangor, showed no communication, text messages, calls or emails linking him and his father to the alleged criminal activities.
“The court ruled that Section 34 of the Penal Code (common intention) could not be invoked to bridge this significant gap in the evidence,” he said.
He added that the court also noted that Zainal Abidin’s conduct during the police raid was that of a cooperative and surprised individual, and he did not show any signs of fear or attempt to flee.
“The judge concluded that the prosecution’s case was based merely on suspicion rather than credible evidence, and the court ordered that Zainal Abidin and Mohamed Rizal be acquitted and discharged and acquitted of all three charges without being called to enter their defence,” he said.
Apart from Muhammad Farhan, both accused were also represented by Tan Sri Dr Muhammad Shafee Abdullah, Wee Yeong Kang and M Naresh, while the prosecution was led by Pahang prosecution director Shahrizat Ismail, together with Intan Nur Hilwani Rifin and Nur Syafiqah Noorinda.
According to the charges, Zainal Abidin and Mohamed Rizal were jointly accused of trafficking 989.6 grammes of cannabis at a house in Kampung Sum-Sum Hilir, Janda Baik, at 6.10pm on May 21, 2022.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, read together with Section 34 of the Penal Code, which carries the mandatory death penalty upon conviction.
The father and son were also charged with possession of 60 millilitres of cannabis oil at the same place and time under Section 9(1)(b) of the Dangerous Drugs Act 1952, punishable under Section 9(2) of the same law, which provides for imprisonment of up to five years, or a fine of up to RM20,000, or both, upon conviction.
They were also jointly charged with cultivating 102 cannabis plants at a house in Kampung Sum-Sum Hilir, Janda Baik, Bentong, at 6.10pm on May 21, 2022, under Section 6B of the Dangerous Drugs Act 1952 (Act 234), read together with Section 34 of the Penal Code, which carries life imprisonment and not less than six strokes of the cane upon conviction. — Bernama
