The Court of Appeal has overturned the acquittal of former radio presenter Ismahalil Hamzah in a cannabis trafficking case, sentencing him to 30 years’ imprisonment after finding him guilty.
A three-member panel led by Justice Noorin Badaruddin delivered the unanimous decision, with Justice Radzi Abdul Hamid reading the grounds of judgment and Justice Meor Hashimi Abdul Hamid also sitting on the bench.
Justice Radzi said the prosecution had successfully proven beyond reasonable doubt that Ismahalil had knowledge, custody and control over the drugs involved in the case.
The court ordered the 53-year-old to begin serving his jail sentence from today. However, he was exempted from the mandatory minimum 12 strokes of the cane as offenders above the age of 50 are not subject to whipping.
Ismahalil still has one final avenue of appeal, with the case set to proceed automatically to the Federal Court.
During mitigation, defence counsel Putra Ibrahim told the court that Ismahalil was the sole provider for his family. Meanwhile, deputy public prosecutor Afzainizam Abdul Aziz said the prosecution was not seeking the death penalty and requested the statutory punishment of 30 years’ imprisonment.
Ismahalil was charged with trafficking 375g of cannabis at a house in Jalan Semarak, Wangsa Maju, Kuala Lumpur, at about 5.35pm on Aug 27, 2021.
Under Section 37(da) of the Dangerous Drugs Act 1952, possession or custody of 200g or more of cannabis carries a legal presumption of trafficking unless the accused can prove otherwise.
Justice Radzi said the High Court judge who previously acquitted Ismahalil had made errors in evaluating both the facts and legal aspects of the case, leading the appellate court to intervene.
He said the trial judge had incorrectly assessed the defence evidence, including Ismahalil’s claim that a police officer had allegedly threatened him with a firearm and forced him to bring officers to a bag containing the cannabis.
The judge also found that the evidence showed only Ismahalil had access to the room where the drugs were discovered, despite his wife’s testimony that other individuals could enter the area.
“The totality of the evidence establishes that the accused had knowledge, custody and control of the drugs. The prosecution has therefore proven its case beyond reasonable doubt,” Justice Radzi said.
