KUALA LUMPUR: Former radio presenter Ismahalil Hamzah wept and performed the ‘sujud syukur’ or prostration of gratitude after the High Court today acquitted and discharged him of a drug trafficking charge.
Judge Datuk Muhammad Jamil Hussin made the ruling after finding that the defence had succeeded in raising reasonable doubt at the end of the defence case.
"The prosecution failed to prove that the accused (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 on its case that the accused had trafficked the drugs," said the judge.
Ismahalil, 50, had pleaded not guilty to a charge of trafficking cannabis weighing an estimated 374.6g at a house in Jalan Semarak, Wangsa Maju here, at 5.35pm on Aug 27, 2021.
Ismahalil was charged under Section 39B(1)(A) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same act which provides the death penalty, if found guilty.
In his judgement, Muhammad Jamil said the fourth prosecution witness (investigating officer) did not investigate who had access to a room in the rental house and did not know that the room was the room of radio presenters.
"I accepted the accused's testimony that the room was accessible to other radio presenters, crew and guests of Bapakku FM (which operates in 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 but other individuals also have access to the room. So, It is not only the accused who has custody and control over the drugs found in the room, other individuals also have custody and control over the drugs in the room," he said.
According to Muhammad Jamil, the fifth prosecution witness (police officer) also confirmed that there were no personal belongings of the accused in the bag containing drugs and there was no evidence to show that the bag had anything to do with the accused.
"The defence and the testimony of four defence witnesses have raised reasonable doubts 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 Datuk Ahmad Zaharil Muhaiyar and Adi Zulkarnain Zulkafli.- Bernama
