Ex-radio DJ jailed 30 years after Court of Appeal overturns acquittal

KUALA LUMPUR: A former radio DJ has been sentenced to 30 years' jail after the Court of Appeal set aside his acquittal on a drug trafficking charge.

Justice Radzi Abdul Hamid, who delivered the unanimous decision of a three-member bench, said the prosecution had proven beyond reasonable doubt that Ismahalil had knowledge, custody and control of the drugs.

Justices Noorin Badaruddin and Meor Hashimi Abdul Hamid also heard the appeal. Noorin, the bench chairman, ordered that the jail term commence today.

Ismahalil, 53, was spared the mandatory minimum 12 strokes of the rotan as offenders above the age of 50 are exempt from caning. He still has one avenue of appeal, as the case will proceed automatically to the Federal Court.

He 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, a person found in possession or custody of 200g or more of cannabis is presumed to be trafficking the drug unless rebutted.

In his oral grounds, Radzi said the trial judge who acquitted Ismahalil three years ago had misdirected himself on both the facts and the law, warranting intervention by the appellate court.

He said the High Court improperly evaluated the evidence at the defence stage, particularly the accused's claim that a raiding officer had pointed a pistol at him before compelling him to lead police to a bag containing the cannabis.

Radzi also said the trial judge failed to properly appreciate the evidence showing that only Ismahalil had access to the room where the drugs were found, despite the accused's wife testifying that others also had access to 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," Radzi said.

In mitigation, defence counsel Putra Ibrahim said Ismahalil was the sole breadwinner of his family.

Deputy public prosecutor Afzainizam Abdul Aziz said the prosecution was not seeking the death penalty, and instead urged the court to impose the statutory sentence of 30 years' imprisonment.