KUANTAN — The Temerloh High Court today acquitted and acquitted former diplomat, Datuk Zainal Abidin Alias and his son, Mohamed Rizal, of all charges related to the distribution of 989.6 grams of marijuana, possession of marijuana oil and planting 102 marijuana plants at a house in Janda Baik, Bentong, in May 2022.
Judge Roslan Mat Noor made the decision after finding that the prosecution failed to prove a prima facie case against Zainal Abidin, 82, and Mohamed Rizal, 56, at the end of the prosecution case.
Lawyer Muhammad Farhan Shafee, who represented the children, said the court found that the prosecution failed to prove a prima facie case against the two accused, citing significant gaps in the investigation, topographical impossibility and failure to link the accused to the prohibited items found at the property.
He said the court accepted the defence submission that the 102 marijuana plants found at the property could not be physically seen from the location of the first accused (Zainal Abidin) when the arrest was made.
“The judge stated that the undulating terrain, steep slopes, and dense tropical foliage created a “shadow zone,” which made it impossible for Zainal Abidin, who was then 78 years old, to see or know the boundaries of the planting from the garage or main house,” he said.
Muhammad Farhan said the court also ruled that the prosecution failed to prove that the accused had exclusive control over the premises in question.
“Evidence that emerged during the trial showed that the house was unlocked and could be accessed by various third parties.
“The judge also highlighted several “missed opportunities” by the investigation team that made their findings unsafe to be accepted as solid evidence,” he said.
He informed that digital forensic analysis of the device 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 criminal activities in question.
“The court ruled that Section 34 of the Penal Code (common intent) cannot be used to bridge this huge evidentiary gap,” he said.
Muhammad Farhan informed that the court also stated that Zainal Abidin’s behaviour during the police raid was that of a cooperative and surprised individual and did not show any signs of fear or attempt to escape.
“The judge concluded that the prosecution’s case was based solely on suspicion and not on credible evidence, the court ordered that Zainal Abidin and Mohamed Rizal be acquitted and discharged from all three charges without being called to defend themselves,” he said.
Apart from Muhammad Farhan, both accused were represented by Tan Sri Dr Muhammad Shafee Abdullah, Wee Yeong Kang and M Naresh while the prosecution was handled by Pahang Director of Prosecution Shahrizat Ismail, Intan Nur Hilwani Rifin and Nur Syafiqah Noorinda.
According to the charge, Zainal Abidin and Mohamed Rizal were charged with jointly distributing 989.6 grams of cannabis at a house in Kampung Sum-Sum Hilir, Janda Baik, Bentong at 6.10 pm, May 21, 2022.
The charge was brought under Section 39B (1)(a) of the Dangerous Drugs Act (ADB) 1952 read together with Section 34 of the Penal Code which carries a mandatory death sentence, if convicted.
The two children were also charged with possessing 60 millilitres of cannabis oil at the same place and time, under Section 9(1)(b) of the ADB 1952 which is punishable under Section 9(2) of the same act, namely imprisonment not exceeding five years or a fine of up to RM20,000 or both, if convicted.
They were also charged with jointly planting a total of 102 marijuana plants at a house in Kampung Sum-Sum Hilir, Janda Baik, Bentong at 6.10 pm, May 21, 2022, under Section 6B of the ADB 1952 (Act 234) read with Section 34 of the Penal Code which carries a sentence of life imprisonment and whipping of not less than six times, if convicted.
–BERNAMA
