Not guilty: Singaporean father and two sons detained in Malaysia for drug trafficking charges acquitted by judge after 5 years

MALAYSIA/SINGAPORE: A Singaporean businessman and his two sons have been acquitted after spending more than five years in custody in Malaysia over cannabis trafficking and cultivation charges that carried the possibility of the death penalty.

The Malaysian High Court ruled that prosecutors failed to establish a prima facie case against Aniell Sebhnani, 63, and his sons, Nethan Sebhnani, 38, and Sedhant Sebhnani, 35. The decision meant the trio didn’t have to enter their defence.

However, they weren’t able to return to Singapore because Malaysian immigration officers detained them immediately after the ruling while the prosecution considers an appeal. The three men had been held on remand since their arrest on 25 March 2021, Free Malaysia Today (FMT) reported (July 4).

Judge says prosecution failed to prove its case

Justice Aslam Zainuddin ruled that the prosecution had failed to produce enough evidence to allow the case to continue.

The men had faced charges of trafficking 315.3 g of cannabis and cultivating eight cannabis plants at a rented house in Semenyih, Selangor.

Police said they found 25 glass bottles containing cannabis, along with cannabis plants and equipment such as temperature control devices and fans, during a raid.

The trafficking charge, brought under Malaysia’s Dangerous Drugs Act 1952, carries the death penalty or life imprisonment, together with at least 12 strokes of the cane upon conviction. The cultivation charge carries life imprisonment and a minimum of six strokes.

Defence lawyers challenged the links to the rented house

Lawyers Lavinia Raja and Geethan Ram Vincent said prosecutors failed to prove that the family rented the property where the cannabis was found.

According to court records, the tenant was listed as a man named “Sean Pete”. The prosecution claimed one of the accused used that name, but the defence said no evidence established that connection.

The defence also pointed to evidence suggesting another person had access to the house after the police raid. They said the property’s condition had changed before the investigating officer later inspected it. The raiding officer agreed when shown photographs during the trial.

Malaysian immigration detention of the trio continues despite the acquittal

Although the court freed the three men, they didn’t regain their freedom immediately.

Malaysian immigration authorities detained them following the acquittal, preventing their return to Singapore. Prosecutors are expected to appeal the acquittal, according to FMT.

Justice in any criminal case depends on evidence that can stand up in court. When that standard isn’t met, the courts must follow the law, regardless of how serious the original allegations are.