Hemy Hamissa (far right in photo) along with her present husband Kamarul Hamri Mohd Latif and three others were jointly charged with being found in possession of 10.19 grammes of methamphetamine at SK Damansara Jaya, at 1.45am on June 29, 2005.The drug was found on Ku Azizul Ku Abd Rahman, who has apparently gone missing since 2009 after jumping bail. Hemy Hamisa was the only female among the five other accused.
Magistrate Nor Afidah Idris in her decision said after maximum evaluation, the prosecution has failed to prove control or ownership of the drug.
“Hence, the court acquits all of you of the charge as the prosecution has failed to prove a prima facie case.
“Mere knowledge does not prove common intention to (possess) the drug,” she said in her oral judgment.
A teary Hemy Hamisa along with her husband Kamarul Hamri, when met outside court, said she is glad her six-year ordeal is finally over.
“I want to continue on with my life and put the episode behind me,” she said.
Hemy Hamisa and Kamarul Hamri were represented by lawyers Baljit Singh Sidhu and Hazizah Kassim.
Earlier, magistrate Nor Afidah said the hearing only began last year as a result of the RCI and the first accused Ku Azizul's disappearance two years ago.
A total of six witnesses were called by the prosecution.
Meanwhile two weeks ago, Hemy Hamisa settled out of court a suit against a police constable and the government over the nude squat incident that had resulted in the formation of a royal commission of inquiry.
RCI found nude squat improper
The RCI was called the “Commission to enquire the standard operating procedure, rules and regulations in relation to the conduct of body search in respect of an arrest and detention by the police”.
The five-member panel led by former Chief Justice Dzaiddin Abdullah found there are no provisions in the inspector-general of police standing orders (IGSO), Petaling Jaya (PJ) police chief's standing orders, Lock-up Rules or in any other legislation that allow police to make detainees strip and perform squats.
“The 'ear-squats' in the nude are not a standard police practice. The manner of asking detainees to remove all clothing and asking the female detainee to do the 'ear squats' has been indiscriminately practised by the police force,” the commission said in the report.
It noted that the woman in the video was not a Chinese nationalas earlier speculated, but is a Malay Malaysian.
It also also found all detainees are required to perform squats, regardless of the offence allegedly involved.
“We are also of the view that a few incidents do not justify every detainee to be subjected to such treatment. The conduct of the body search whereby the female Malay was made to perform the 'ear-squats' in the nude is haram because of the unnecessary revealing of the aurah (parts of the body that should not be exposed as decreed in Islam) and a violation of one's dignity.
“To subject her to such a body search is inhumane and undignified. She felt humiliated and angry. It is like stripping away one's dignity. Human dignity is inviolable. Hence it must be respected and protected.” the RCI states in its 318-page report.
During her arrest in 2005 a constable had secretly videotaped Hemy being forced to do squats in the nude in a procedure that police say was standard for drug possession suspects. The video was subsequently leaked and widely circulated in public.
Konstable Mohd Dzulfatah Saari and the government were named as defendants in the out of court settlment recorded two weeks ago.
Despite the finding, nude squats are still being practised, the most recent being in June where two Singaporean nationals were subjected to the practice after they were found to have entered Malaysia without being vetted by Immigration Department officials.
The findings of the internal probe into that incident have yet to be disclosed.
Home Minister Hishammuddin Hussein later confirmed that two immigration officers in charge of the detention centre had been suspended over an incident. - Malaysiakini
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