Temerloh: 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, 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.
According to BERNAMA News Agency, lawyer Muhammad Farhan Shafee, who represented the father and son, stated that the court found the prosecution had failed to prove a prima facie case, citing significant gaps in the investigation, topographical impossibilities, and the failure to link the accused to the prohibited items found on the property. 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.
Muhammad Farhan explained that the judge noted the undulating terrain, steep slopes, and dense tropical foliage created a 'shadow zone', making it impossible for Zainal Abidin to see or be aware of the cultivation area from the garage or the main house. Furthermore, the court ruled that the prosecution had failed to prove the accused had exclusive control over the premises, as evidence showed the house was not locked and could be accessed by various third parties.
The court highlighted several 'missed opportunities' by the investigating team, which rendered their findings unsafe to be accepted as strong evidence. Digital forensic analysis on devices belonging to 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 decided that Section 34 of the Penal Code (common intention) could not be invoked to bridge the significant gap in the evidence.
Additionally, the court noted Zainal Abidin's conduct during the police raid was cooperative and surprised, without any signs of fear or attempt to flee. The judge concluded that the prosecution's case was based on suspicion rather than credible evidence, leading to the acquittal and discharge of Zainal Abidin and Mohamed Rizal on all three charges without being called to enter their defence.
Apart from Muhammad Farhan, the defence team included Tan Sri Dr Muhammad Shafee Abdullah, Wee Yeong Kang, and M Naresh. The prosecution was led by Pahang prosecution director Shahrizat Ismail, together with Intan Nur Hilwani Rifin and Nur Syafiqah Noorinda. Zainal Abidin and Mohamed Rizal were jointly accused under Section 39B(1)(a) of the Dangerous Drugs Act 1952 with trafficking cannabis, which carries the mandatory death penalty upon conviction, as well as other charges under the same act related to cannabis oil possession and cannabis plant cultivation.