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Ex-diplomat, son cleared of drug trafficking, 102 cannabis plants charges
They were charged with trafficking 989.6gof cannabis, possessing THC-based oil, and cultivating 102 cannabis plants at a house in Janda Baik, Pahang, in 2022.
Judge Roslan Mat Noor granted them a discharge and acquittal (DAA) at the end of the prosecution’s case after finding...
The Temerloh High Court today fully acquitted former diplomat Zainal Abidin Alias and his son, Rizal, of drug-related charges.
They were charged with trafficking 989.6gof cannabis, possessing THC-based oil, and cultivating 102 cannabis plants at a house in Janda Baik, Pahang, in 2022.
Judge Roslan Mat Noor granted them a discharge and acquittal (DAA) at the end of the prosecution’s case after finding the latter failed to establish a prima facie case against the duo.
The judge cited several reasons, including investigative gaps, topographical impossibilities, and a failure to link the accused to the contraband found on the property.
Roslan, in his findings, noted that Rizal was arrested in Shah Alam, Selangor, which was over 60km from Janda Baik, where his father was arrested.
He also noted that an analysis of seized devices showed there were no texts, calls, or emails to link the duo to a joint criminal enterprise.
“(Following this) the court ruled that (common intention under) Section 34 of the Penal Code could not be used to bridge this massive evidentiary gap.
“The court observed that Zainal’s conduct during the police raid was that of a cooperative and surprised individual.
“He showed no signs of fear or flight, and his willingness to lead police into the house negatived an inference of guilty knowledge.”
Drugs hidden, others had access too
The court also accepted the defence’s argument that the 102 cannabis plants discovered on the property were physically invisible from Zainal’s location at the time of arrest.
This is because, the judge said, the undulating terrain, steep slopes, and dense tropical foliage around the house created a “shadow zone”.
This made it impossible for Zainal, who was 78 when he was arrested, to have seen or known about the cannabis cultivation beds from the garage or main house.
The court also ruled that the prosecution failed to prove the accused had exclusive control over the premises, where the contraband was found.
“Evidence emerged during the trial that the house was unlocked and accessible to multiple third parties.
“Crucially, forensic evidence revealed the DNA of unidentified individuals, including a profile labelled “Female 1” in the very room where drugs were seized.
“The court found the prosecution had not excluded these individuals as the potential owners of the drugs.”
Court frees accused after four-year remand
The duo’s lawyer, Farhan Shafee, confirmed the acquittal when contacted by Malaysiakini today.
“Concluding that the prosecution’s case rested on suspicion rather than credible evidence, the court ordered that both Zainal and Rizal be acquitted and discharged of all three charges without being called to enter their defence,” he said.
Apart from Farhan, the duo was also represented by Shafee Abdullah, Wee Yeong Kang, and M Naresh, while prosecution was handled by Pahang prosecution director Shahrizat Ismail, Intan Nur Hilwani Rifin, and Nur Syafiqah Noorinda.
Farhan also confirmed that the duo was released following today’s verdict. He said they have been in remand the entire time since their arrest four years ago.
Penalty included mandatory death sentence
Zainal, who was the ambassador to Indonesia, Spain, and the Czech Republic, was arrested at his house in Janda Baik, Pahang, in May 2022, while his son was arrested in Shah Alam, Selangor, two days later.
They were charged on June 3, the same year, with drug trafficking and cannabis oil possession under Section 39B(1)(a) and Section 9(1)(b) of the Dangerous Drugs Act 1952, respectively.
Section 39B(1)(a), which is punishable under 39B(2) of the Act, carries a mandatory death sentence, while Section 9(1)(b) carries a maximum RM20,000 fine, or a maximum five years jail time, or both.
They were also charged under Section 6B(1)(a) of the Act for cultivating 102 cannabis plants, which carries life imprisonment and a maximum of six strokes of whipping.
Rizal also faced additional charges under Section 15(1)(a) of the Act, for using THC-based oil, for which he was also acquitted today.
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