KUALA LUMPUR: A former Malaysian diplomat and his son walked away as free men after the Temerloh High Court acquitted them of three drug-related charges, including the planting of 102 cannabis plants, four years ago.
High Court judge Justice Roslan Mat Noor, in his ruling yesterday, found that the prosecution had failed to establish a prima facie case against Datuk Zainal Abidin Alias, 82, and Mohamed Rizal Zainal Abidin, 56.
In June 2022, the father and son were charged with three charges related to trafficking 989.6g of cannabis, possession of THC-based oil and the cultivation of 102 cannabis plants at a house in Janda Baik.
According to lawyer Muhammad Farhan Muhammad Shafee, who represented Zainal Abidin and Mohamed Rizal, the judge cited significant investigative gaps, topographical impossibilities and a failure to link the accused to the contraband found on the property in his decision to acquit.
“The High Court ruled that the prosecution failed to prove that the accused had exclusive control over the premises.
“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,” Muhammad Farhan said when contacted.
He said the judge ordered that both Zainal Abidin and Mohamed Rizal be acquitted and discharged of all three charges without being called to enter their defence.
It was reported that the former ambassador to Indonesia was arrested on May 21, 2022, following a raid at his home in Janda Baik.
His son was arrested in Shah Alam on May 23, 2022.
