Singaporean, 2 sons freed of cannabis trafficking, cultivation charges

SHAH ALAM: A Singaporean man and his two sons were acquitted and discharged by the High Court here today of trafficking over 300g of cannabis and cultivating cannabis plants five years ago.

Judge Aslam Zainuddin made the ruling after finding that the prosecution had failed to prove a prima facie case against the three men – Aniell Sebhnani, 63, and his sons, Nethan Sebhnani, 38, and Sedhant Sebhnani, 35.

All three, who were involved in the printing business, had been in remand since their arrest on March 25, 2021.

They were charged in the Kajang magistrates’ court with trafficking 315.3g of cannabis at a rented house in Semenyih, Selangor, on March 25, 2021. They were also charged with cultivating eight cannabis plants at the same premises.

The trafficking charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2), which carries the death penalty or life imprisonment, and whipping of not fewer than 12 strokes, upon conviction.

The charge for cultivating the cannabis, under Section 6B(1)(a) of the same Act, carries life imprisonment and whipping of not fewer than six strokes upon conviction.

During a raid on the third floor of the house, while the three accused were inside, police found 25 glass bottles containing cannabis.

They also discovered two canvases containing cannabis plants, together with equipment such as temperature control devices and fans allegedly used to help the plants grow.

The defence argued that the men did not have custody or control of the cannabis or the plants because it was not proven that they rented the house. According to records, it was rented by a man identified as “Sean Pete”.

The prosecution contended that the named tenant was one of the accused, but the defence said this was not proven.

The defence also argued that a third party had access to the house, saying its condition had changed by the time the investigating officer (IO) visited it later. This was confirmed by the raiding officer when he was shown photographs taken by the IO.

However, following the acquittal, the three men could not return to Singapore immediately because they were then arrested and detained by the Malaysian immigration.

It is also understood that the prosecution is likely to appeal against the acquittal.

Deputy public prosecutor Siti Nabila Abdul Rashid prosecuted, while the accused were represented by lawyers Geethan Ram Vincent and Lavinia Raja.