The High Court on August 3 overturned the magistrate’s decision to grant bail to Md Zainul Ariffin bin Munaf, charged with importing over 1,000 grammes (g) of cannabis into the country.
The appeal saw Judicial Commissioner Muhammed Faisal bin Pehin Datu Juragan Laila Diraja Colonel (Rtd) Dato Seri Pahlawan Haji Kefli uphold the prosecution’s application, citing the gravity of the offence and the substantial risks involved.
Md Zainul Ariffin, represented by Ahmad Zakaria bin Mohammad of Messrs Ahmad Zakaria and Associates, had previously been granted bail by the Magistrate’s Court. The decision was challenged by deputy public prosecutors Nur Zahidah Farhanah binti Abdul Aziz and Dayangku Didi-Nuraza binti Pengiran Haji Abdul Latiff, arguing that the magistrate erred in law by allowing bail, given the severity of the charges and the risk of absconding.
In his ruling, the judicial commissioner emphasised that the importation of over 500g of cannabis is a capital offence, carrying the death penalty. He pointed out that this severity necessitates a stringent approach to bail, with the prosecution rightly arguing that only exceptional circumstances should allow for bail in such cases.
The appeal highlighted several key factors, including the risk of Md Zainul Ariffin absconding due to the severe penalty, the strength of the prosecution’s case, and the potential for interference with ongoing investigations.
The court noted that despite the defendant’s strong local ties, the risks associated with his release could not be overlooked.
The judicial commissioner also referred to previous cases which established that the gravity of the offence and the strength of the prosecution’s case are critical considerations in bail applications for serious drug offences.
The court found no significant change in circumstances that would justify the magistrate’s decision to grant bail. The ruling concluded that the risks of absconding and interference with the investigation outweighed any personal circumstances presented by the respondent. As a result, the magistrate’s decision was reversed, and Md Zainul Ariffin ordered to be remanded in custody pending trial. – Fadley Faisal
