KUALA LUMPUR: Former radio presenter Ismahalil Hamzah has been ordered to enter his defence on a drug-trafficking charge at the High Court here.
Justice Muhammad Jamil Hussin made the ruling yesterday after finding that the prosecution had succeeded in establishing a prima facie case against Ismahalil, 49, at the end of the prosecution case.
According to Bernama, Muhammad Jamil, in his summary judgment, said the 22 packets of drugs found in Ismahalil’s room were in his control and custody.
“During the raid, the accused himself picked up the bag containing the drugs and gave it to the police officer after being asked if there was any contraband inside.
“The behaviour of the accused, in picking up the bag himself was seen to be suspicious, showing that he knew the presence of the drug.
“Therefore, the prosecution succeeded in proving that the drug was under the control of the accused.
“The argument by the defence that his client did not have the knowledge, control and custody of the drug has no merit,” he said, adding that the testimony by the prosecution witnesses was not contradictory and was reliable.
When told by the judge of the option for him to make his defence, Ismahalil chose to testify under oath from the witness stand, with the prosecution given the opportunity to question him during cross-examination.
After the court’s ruling, Ismahalil was seen sobbing while looking at his wife and children, who were in the public gallery.
Lawyer Datuk Ahmad Zaharil Muhaiyar then told the court that the defence would call five witnesses, including the accused.
The court has set May 30 and 31 for the defence trial.
Ismahalil had pleaded not guilty to a charge of trafficking 374.6g of cannabis at a house in Jalan Semarak, Wangsa Maju, at 5.35pm on Aug 27, 2021.
The offence under the Dangerous Drugs Act 1952 carries the death penalty upon conviction.
