Mahkamah ketepi pembebasan, Ismahalil dipenjara 30 tahun

The Supreme Court has ruled to imprison former radio presenter Ismahalil Hamzah for 30 years for drug trafficking, overturning his earlier release. The three-judge panel delivered a unanimous decision, stating the prosecution had successfully proven, beyond reasonable doubt, that Ismahalil had knowledge, control, and possession of the drugs found in a home in Wangsa Maju, Kuala Lumpur.

Judges Radzi Abdul Hamid, Noorin Badaruddin, and Meor Hashimi Abdul Hamid all agreed to the decision. Noorin, who presided over the panel, ordered the immediate execution of the 30-year prison sentence, although Ismahalil, 53, received a mandatory minimum of 12 years due to his age. Ismahalil still has one more avenue for appeal, as the case will automatically be taken to the Federal Court.

In his plea for a reduced sentence, defense attorney Putra Ibrahim noted that Ismahalil is the sole breadwinner for his family. Deputy Public Prosecutor Afzainizam Abdul Aziz argued that the prosecution did not seek the death penalty, instead proposing a 30-year mandatory prison term. Ismahalil was accused of trafficking 375 grams of cannabis from a home on Jalan Semarak, Wangsa Maju, Kuala Lumpur, around 5:35 pm on August 27, 2021.

According to Section 37(da) of the Dangerous Drugs Act 1952, possessing or controlling 200 grams or more of the drug is considered drug trafficking, unless proven otherwise. In the oral arguments, Radzi stated that the court that released Ismahalil three years ago had made factual and legal errors, which allowed him to appeal. He said the High Court wrongly considered evidence at the trial stage, particularly the claim that a traffic police officer had pointed a gun at him before forcing him to accompany the police to a bag containing the cannabis.

Radzi also noted that the court failed to assess the relevance of evidence showing that only Ismahalil had access to the drug location, despite the defendant's wife stating that others also had access. "We found witnesses failed to create reasonable doubt regarding the guilt and failed to override the presumption of possession and trafficking being under his control," he said.