An Aberdeen takeaway boss discovered an £81,000 cannabis farm in a flat above his businesses when water started leaking through his roof, a court has been told.
The businessman’s suspicions were further raised when he knocked on the upstairs flat. The occupant, Stefan Zykaj, answered the door before slamming it in his face and jumping out a window.
Zykaj, 44, sprinted into Dee Street but was soon caught by the same neighbour, who had jumped in his car and gave chase.
Fiscal depute Kirsty Martin told Aberdeen Sheriff Court that the man detained Zykaj until police arrived just before 6pm on March 12 2023.
The following day a search warrant was executed at the Dee Street property and officers found 100 mature cannabis plants inside with an estimated street value of between £20,000 and £81,000.
Ms Martin said the shopkeeper had seen water leaking through his ceiling – the Antalya Kebab Shop – at around 5.30pm that day.
Strong smell of cannabis coming from flat
Retelling the shopkeeper’s daring actions, she said: “He assessed this must have originated from the flat directly above the shop, on Langstane Place.
“He attended at the locus and knocked on the front door.
“The door was answered by the accused who opened the door and (the takeaway owner) looked into the flat and noted a strong smell of cannabis and observed drug-related equipment in the hallway.
“He perceived the property was being used in the production of drugs.
“The accused attempted to close the door and (he) prevented this by placing his foot between the door and the frame.
“The accused managed to eventually close the door and shut himself in the locus.
“(The shop worker) went back downstairs to the Langstane Place and Dee Street junction and looked up towards the first-floor window.
“He observed Zykaj kick the window and smash it and he then jumped from the window to the ground and ran south on Dee Street eventually turning onto Bon Accord Lane.”
Asylum seeker claimed he was being coerced
Zykaj’s defence solicitor Carolyn Leckie said her client had claimed to have been trafficked and had also made an asylum application through the Home Office, which was pending.
“He was acting under coercion,” Mrs Leckie told the court. “But the Home Office did not consider he was a victim of human trafficking.
“He does accept full responsibility for his role and fully regrets his actions.”
Sheriff Graham Buchanan queried the large estimation of the value of the drugs found and was told it related to the reselling methods which could be used.
Mrs Leckie said her defence expert had valued the plants at £33,600 and said her client was not getting any of the profits.
Sheriff Buchanan referred to the Home Office report on Zykaj’s human trafficking claim and said there was a previous issue of him being under pressure but added: “He had been in Newcastle and had got himself out of that situation and went down to London.
“He was then told of work in Aberdeen and he told them he would need to be paid £10,000 in advance as he would be the one going to prison.
“It was not established that he was subjected to threats or coercion.”
Jail sentence
Mrs Leckie said the “whole proceedings have been a rude awakening” for her client and the “reality of the world”.
Sheriff Buchanan said it was a serious offence and said that the circumstances suggested Zykaj was a “willing participant”.
He sentenced Zykaj to 14 months in prison and made a forfeiture order for the cannabis plants.
Additional charges of drugs supply and by-passing an electricity meter were dropped by way of a plea bargain.