Temerloh High Court frees former diplomat and son from all drug charges, citing prosecution’s failure to prove prima facie case due to evidence gaps.
TEMERLOH: The High Court here acquitted and discharged former diplomat Datuk Zainal Abidin Alias and his son Mohamed Rizal of all drug-related charges today.
Judge Roslan Mat Noor ruled the prosecution failed to establish a prima facie case at the end of its presentation.
Defence lawyer Muhammad Farhan Shafee said the court cited significant investigation gaps and topographical impossibilities.
He stated the court accepted the defence argument that 102 cannabis plants found on the property could not be seen by Zainal Abidin.
“The judge said the undulating terrain, steep slopes, and dense foliage created a ‘shadow zone’,” Muhammad Farhan explained.
This made it impossible for the 78-year-old at the time to see the cultivation area from the garage or main house.
The court also ruled the prosecution failed to prove the accused had exclusive control over the premises.
Evidence showed the house was unlocked and accessible to various third parties.
The judge highlighted several ‘missed opportunities’ by the investigating team.
Digital forensic analysis of Mohamed Rizal’s devices showed no communication linking them to the alleged crimes.
“The court ruled that Section 34 of the Penal Code could not be invoked to bridge this gap,” the lawyer added.
The court noted Zainal Abidin was cooperative and surprised during the police raid.
He showed no signs of fear or attempt to flee.
The judge concluded the case was based on suspicion rather than credible evidence.
Both accused were acquitted without being called to enter their defence.
They faced charges of trafficking 989.6 grammes of cannabis, possessing cannabis oil, and cultivating 102 plants.
The offences allegedly occurred at a house in Janda Baik, Bentong in May 2022.
The trafficking charge carried a mandatory death penalty upon conviction.
The cultivation charge carried life imprisonment and caning.
The prosecution was led by Pahang prosecution director Shahrizat Ismail.