TEMERLOH - The High Court today dismissed the application of a former diplomat and his son to be released on bail pending trial on three drug charges, including allegedly planting ganja trees in May this year.
Judicial Commissioner Roslan Mat Noor, in deciding this against Datuk Zainal Abidin Alias, 78, and his son Mohamed Rizal, 53, said the charges they face under the Dangerous Drugs Act (DDA) 1952 were non-bailable offences.
The court then fixed Feb 27 for case re-mention.
Earlier, lawyer Tan Sri Dr Muhammad Shafee Abdullah, representing both the accused, submitted that Section 41B of the DDA encroached into the powers and discretion of the judiciary by taking away the judicial power of granting or refusing bail to an accused.
"Thus, it is tantamount to a violation of the doctrine of separation of power. The power to grant bail, being a judicial power, could not be prohibited contrary to Article 121 (1) of the Federal Constitution.
"As such, in assessing whether to grant bail, the courts will exercise their discretion judiciously, having regard to relevant considerations such as, among others, the nature and gravity of the offence, the severity of the punishment if convicted and the risk of the accused absconding," he said.
Muhammad Shafee also submitted that despite not being easy for the courts to grant bail in dangerous drugs related offences, it is still entirely for the courts to hear an application for bail to make the determination, having regard to the facts and circumstances of the case, in the exercise of the court's discretionary power.
The applicants, according to Muhammad Shafee, provide their undertaking to attend all court proceedings and understand that their bail, if granted, can be revoked if they fail to attend court.
Muhammad Shafee told reporters later that he had advised his clients to file an appeal on the decision.
On June 3, Zainal Abidin, the former Malaysian ambassador to Indonesia, and Mohamed Rizal were charged at the Magistrate's Court in Bentong with trafficking ganja and possessing cannabis oil at Kampung Sum-Sum Hilir, Janda Baik, Bentong on May 21.
Five days later, at the Raub Sessions Court, both father and son pleaded not guilty to planting 102 ganja trees at the same place and date.- BERNAMA