Kuala Lumpur: Former radio presenter Ismahalil Hamzah wept and performed the “sujud syukur” after the High Court acquitted and discharged him of a drug trafficking charge.
Justice Jamil Hussin made the ruling after finding that the defence had succeeded in raising reasonable doubt.
“The prosecution failed to prove that Ismahalil had control and possession of drugs in a bag that was in a room in his rented house.
“The prosecution also failed to prove beyond reasonable doubt that the accused had trafficked the drugs,” the judge said.
Ismahalil, 50, had pleaded not guilty to a charge of trafficking cannabis weighing an estimated 375g at a house in Jalan Semarak, Wangsa Maju, here, at 5.35pm on Aug 27, 2021.
He was charged with drug trafficking under Section 39B(1)(A) of the Dangerous Drugs Act 1952.
In his judgment, Jamil said the fourth prosecution witness (investigating officer) did not investigate who had access to the room and did not know that other radio presenters also used the room.
“I accepted the accused’s testimony that the room was accessible to other radio presenters, crew and guests of Bapakku FM (which operates out of the house).
“The testimony of the accused was supported by the testimony of four defence witnesses.
“It is not only the accused who has access to the room. Other individuals also have access,” he said.
According to Jamil, the fifth prosecution witness (police officer) also confirmed that there were no personal effects belonging to the accused in the bag containing drugs and there was no evidence to show that the bag had anything to do with him.
“The defence and the testimony of four defence witnesses have raised reasonable doubt regarding the custody and control of the accused over the drugs,” he said.
At today’s proceedings, deputy public prosecutor Noor Dayana Mohamad prosecuted, while Ismahalil was represented by lawyers Ahmad Zaharil Muhaiyar and Adi Zulkarnain Zulkafli.
