Drug case: Former radio presenter Ismahalil ordered to self-defense
KUALA LUMPUR: Former radio presenter Ismahalil Hamzah was today ordered to defend himself by the High Court here on charges of trafficking cannabis-type drugs two years ago.
Judge Datuk Muhammad Jamil Hussin made the decision after finding that the prosecution succeeded in proving a prima facie case against Ismahalil, 49, at the end of the prosecution case.
Muhammad Jamil, in his summary judgment, said the court found 22 drug packets found in the room of the accused (Ismahalil) were in his control and custody.
“During the raid in the room, the accused himself picked up a bag, containing drugs from the floor and gave it to the police officer after being asked if there was anything wrong with it.
“The behavior of the accused who took the bag himself and was seen to be in a suspicious state shows that the accused knew of the existence of the drug. Therefore, the prosecution succeeded in proving that the drug was under the control of the accused.
Therefore, the defense counsel’s argument that his client does not have the knowledge, control and custody of the drug has no merit,” he said and added that the testimony of the prosecution witnesses was not contradictory and reliable.
The judge also informed the accused that for the purpose of defending himself, he has three options, namely to choose to remain silent; or whether he wants to give evidence in the dock of the accused who testifies without swearing; or testify under oath on the witness stand that can be cross-examined.
Ismahalil then chose to testify under oath from the witness stand and the prosecution was given the opportunity to question him during cross-examination.
After the court gave its verdict, the accused was seen sobbing while looking at his wife and children who were in the public gallery.
Lawyer Datuk Ahmad Zaharil Muhaiyar, who represented Ismahalil told the court that his side will call a total of five defense witnesses including the accused for the self-defense proceedings set by the court on 30 and 31 May next.
A total of five prosecution witnesses testified at the trial which began in October 2022.
Ismahalil pleaded not guilty to the charge of distributing cannabis-type drugs weighing an estimated 374.6 grams at a house in Jalan Semarak, Wangsa Maju here, at 5.35 pm, 27 August 2021.
He was charged under Section 39B(1)(A) of the Dangerous Drugs Act 1952 and could be punished under Section 39B(2) of the same act which provides for the death penalty, if convicted.
Today’s proceedings were conducted by Deputy Public Prosecutor Noor Dayana Mohamad while Ahmad Zaharil was assisted by lawyer Adi Zulkarnain Zulkafli.
