Ex-DJ acquitted of ganja-trafficking

Freedom at last: Ismahalil (centre) with his wife and daughter after being acquitted by the High Court in Kuala Lumpur. — Bernama

KUALA LUMPUR: Former radio DJ Ismahalil Hamzah walked away a free man after he was acquitted by the High Court of a trafficking charge involving cannabis (ganja).

The 50-year-old was in tears and fell on his knees to do the sujud syukur (prostration of gratitude) after the decision was read out by High Court judge Justice Muhammad Jamil Hussin.

In his decision, Justice Muhammad Jamil said 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 court found that an investigating officer, who was the fourth prosecution witness, did not investigate who had access to the room that was a room for radio presenters.

The court also accepted Ismahalil’s testimony that the room, where the bag filled with drugs was found, could be accessed by other radio presenters, crew and guests of Bapakku FM (the radio station that operated from the rental house).

Ismahalil’s testimony was corroborated by four other defence witnesses including his wife.

“The prosecution also failed to prove beyond reasonable doubt in its case that the accused had trafficked the drugs,” he said here yesterday.

The court then made an order of a discharge and acquittal for the accused.

Ismahalil, who wore a white long-sleeved shirt and white skullcap in the accused dock, teared up while his family members who were seated at the public gallery embraced each other and cried.

He had claimed trial 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.

The charge under Section 39B(1)(A) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act provides the death penalty, if found guilty.

Deputy public prosecutor Noor Dayana Mohamad appeared for the prosecution while Ismahalil was represented by lawyers Datuk Ahmad Zaharil Muhaiyar and Adi Zulkarnain Zulkafli.