KUALA LUMPUR (April 9): The drugs and firearms trial involving Datuk Seri Anwar Ibrahim’s former research officer Muhammad Yusoff Rawther took a turn at the High Court on Wednesday, following questions over how the front passenger door of his Nissan Teana could be opened, after he had previously failed to do so using the car’s remote control.
Earlier in the week, on Monday, police inspector Wan Muhammad Wan Ali, who led the raid on Yusoff’s car on Sept 6, 2024, told the court that Yusoff had used the car’s key to manually open the front passenger door.
However, during the court’s 30-minute viewing of the car at the court complex’s car park on Wednesday morning, it was discovered that there was no keyhole to the door of the front passenger seat.
After the judge, lawyers and prosecutors returned to court after viewing the car, judge Datuk Muhammad Jamil Hussin asked the prosecution whether they wanted to ask further questions, despite having finished their examination-in-chief of the witness on Tuesday.
The prosecution agreed to ask further questions, possibly to address the discrepancy, and here, Wan Muhammad corrected his testimony.
The inspector said he was at the driver’s side of the vehicle and had watched “Sergeant Chong” and Yusoff walk over to the front passenger door after Yusoff had failed in using both the remote control and the manual key to open the driver’s side of the car door.
“What I meant by the manual key was that the keyhole on the driver’s side could be used to open all four doors. So, after using it and failing to open the door on the driver’s side, I saw Yusoff and Chong go to the front passenger door, and the door could be opened.
“I immediately asked Yusoff to unlock the driver’s door, and we (the police) managed to go in,” the inspector said.
In replying to questions from deputy public prosecutor (DPP) Mohd Sabri Othman, Wan Muhammad said that it was after the front passenger door was opened that the police recovered the two fake pistols in a black bag.
Inspector disagrees he lied on first day of giving testimony
When cross-examined by Yusoff’s lead counsel Rafique Rashid Ali, Wan Muhammad agreed with the lawyer that the remote control to the car was not operational when the raid took place, resulting in Yussoff having to use the manual key.
Rafique, who was joined by Perikatan Nasional whip Datuk Seri Takiyuddin Hassan (in his capacity as a defence lawyer), also asked the police inspector whether Yusoff seemed unable to open the door to the vehicle, despite various attempts, and the witness agreed.
Rafique: On the day of the incident, the police raiding party did not break the car window to enter?
Wan Muhammad: Yes.
When the lawyer gave the police inspector several possibilities to explain how the front passenger seat door could be opened, including whether it was forced open by the police, or by Chong, or whether the items could have been planted before the raid, Wan Muhammad agreed over such a possibility.
Rafique then pointed to two of Yusoff’s cautioned statements, recorded by the police following his remand for possession of the drugs and fake pistols, where, in the statement, the accused stated that the front passenger door was opened by the police, and Wan Muhammad agreed that the accused’s statement said so.
Rafique: This shows that Yusoff had no direct access to the car (or the items seized).
Wan Muhammad: I disagree.
Rafique: Do you agree that your testimony on the first day (with regards to Yusoff having opened the front passenger seat door using the manual key) is wrong, and it amounted to a lie?
Wan Muhammad: I disagree.
Rafique: When the police arrived at the car, you already knew there were these pistols, as it was planted there?
Wan Muhammad: I disagree.
Parliament watching trial closely, claims Takiyuddin
When questioned by Takiyuddin, Wan Muhammad said he remained near Yusoff the entire time, but agreed that they had travelled in separate vehicles while heading to the police contingent headquarters.
“The side road near the Bukit Kiara condo was getting congested, and we decided to bring the car back to the KL police contingent headquarters. Yusoff’s Nissan Teana was driven (back to the police HQ) by a Sergeant Rishi, while Sergent Chong was seated with Yusoff at the back.
“I followed behind in another (unmarked police) car,” Wan Muhammad added.
Takiyuddin also asked whether the inspector was aware that this case was being watched closely by members of Parliament, but the inspector said he did not know.
When re-examined by DPP Mohd Sabri, the inspector explained that there was a possibility that when Yusoff tried to open the driver’s door manually, which was supposed to unlock all four doors, the front passenger door could be opened.
He said he believed it was Yusoff who opened the door, and not Sergeant Chong.
“I managed to see it clearly, as I was standing at the driver’s door,” he said.
Earlier, Jamil, Rafique, Wan Muhammad and Mohd Sabri had a close look at Yusoff’s Nissan Teana, which was brought to the court complex for them to receive a further explanation, and for it to be examined.
Yusoff is on trial for charges of trafficking 300.1 grammes of cannabis and the possession of imitation pistols at a roadside near a condominium in Bukit Kiara, here, at 9.25am on Sept 6, 2024.
The drug charge under Section 39B (1)(a) of the Dangerous Drugs Act 1952 is punishable under Section 39B(2) of the same Act, which carries a life sentence and also whipping of not less than 12 lashes, if convicted.
For the charge of fake pistol possession, he faces a maximum imprisonment term of a year or a maximum fine of up to RM5,000, or both, if found guilty under Section 36 (1) of the Arms Act 1960.
Yusoff’s defence is that the items were planted, as he has an on-going civil suit against Anwar, which is scheduled to be heard in June.
The hearing before Jamil continues on Thursday.