KUALA LUMPUR: A former radio presenter Ismahalil Hamzah was on Monday (Feb 27) ordered to enter his defence by the High Court here on a drug trafficking charge.
Judge Datuk Muhammad Jamil Hussin made the ruling after finding that the prosecution had succeeded in establishing a prima facie case against Ismahalil, 49, at the end of the prosecution case.
Muhammad Jamil, in his summary judgment, said the court found that 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.
Therefore, the argument by the defence that his client does 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 gave its verdict, Ismahalil was seen sobbing, while looking at his wife and children who were in the public gallery.
His lawyer, Datuk Ahmad Zaharil Muhaiyar, then told the court that the defence will call five witnesses, including the accused.
The court has set March 30 and 31 for the defence trial.
Ismahalil had pleaded not guilty to a charge of trafficking 374.6 grammes of cannabis at a house in Jalan Semarak, Wangsa Maju here, at 5.35pm on Aug 27, 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 the death penalty, if convicted.
At Monday's proceedings, deputy public prosecutor Noor Dayana Mohamad prosecfuted, while Ahmad Zaharil was assisted by lawyer Adi Zulkarnain Zulkafli. - Bernama
