KUALA LUMPUR (June 12): The High Court on Thursday acquitted Datuk Seri Anwar Ibrahim’s former research officer Muhammad Yusoff Rawther of trafficking cannabis and possession of two fake pistols.

Judge Datuk Muhammad Jamil Hussin said the court is satisfied there is no prima facie case that warranted the 32-year-old’s defence to be called.

Jamil said while the court was satisfied that the drug is a dangerous drug and the pistols are fake, the prosecution had failed to prove custody and control over the two, despite the car where the items were found belonging to Yusoff.

“As a result, this court discharges and acquits Yusoff without his defence being called,” the judge said.

The prosecution has 14 days to decide on whether it would appeal the decision.

In arriving at the decision, the judge noted that Yusoff was not in the car registered and belonging to him when the police raid was conducted following a tip-off earlier that day at 5am.

Yusoff, at that time, was outside the car. There was also a gap of approximately nine hours between when Yusoff left the car outside the condo and when the police approached the vehicle when they saw the accused go towards it, Jamil noted.

The court, Jamil said, noted that Yusoff did not acknowledge the bag containing the fake guns and the drug that was found at the back of the car seat. Further, there was also a problem with the car’s remote key.

“Furthermore, Yusoff had made a complaint and lodged a police report several days after the arrest that he could be a victim of being entrapped (perangkap) by Datuk Seri Anwar Ibrahim.

“This complaint was not investigated by the investigating officers, despite the claims made against (Anwar) and the accused was still in remand. Noting there are several gaps in the prosecution’s case, including the issue of custody and control, this court finds it to be unsafe to call the accused to enter his defence even if (the accused) chose to remain silent (in his defence),” Jamil added in his brief grounds.

The judge said he would write his full grounds if there is an appeal.

Yusoff was 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 faced 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.

A total of 13 prosecution witnesses, mainly members of the police force and a chemist, testified for the prosecution in the case whose investigation was completed two months ago.

Earlier, Jamil heard oral submissions from Yusoff’s counsel Rafique Rashid Ali, and Kota Bharu MP Datuk Takiyuddin Hassan. Besides this, Datuk Gurdial Singh Nijar also appeared for the accused.

The prosecution was led by deputy public prosecutor Mohd Sabri Othman.

Separately, Yusoff had also filed a civil suit in 2021 against Anwar, alleging sexual assault in October 2018.

That trial was initially scheduled to start next week. However, Anwar obtained an ad interim (temporary) stay from the Court of Appeal on Tuesday (June 10), pending his appeal over eight constitutional questions with regard to the immunity of the Prime Minister’s Office in civil proceedings.

The questions had been dismissed earlier this month by the High Court, after the sitting judge ruled they had not passed the necessary threshold for it to be referred to the apex court considering the questions are deemed speculative. Hearing on the appeal has been set for July 21.

Read also: 
Yusoff Rawther: ‘I will continue to fight injustice’  
Appellate court grants Anwar’s bid for temporary stay of sexual assault civil trial
Yusoff Rawther trial: Prosecution closes case, decision June 12
Yusoff Rawther should have parked car inside condo if having issues with locks, says IO, but cross-examination answers seem to favour the defence