KUALA LUMPUR (June 16): The Attorney General's Chambers (AGC) has filed a notice of appeal against Muhammad Yusoff Rawther's acquittal on charges of drug trafficking and possession of imitation firearms, which allowed Yusoff to go free without his defence being called.
In a statement, the AGC referred to Yusoff's acquittal at the end of the prosecution's case for the charges under Section 39B of the Dangerous Drugs Act and Section 36(1) of the Firearms Act 1960.
"After due consideration of the Kuala Lumpur High Court’s decision, the AG's Chambers has today (Monday) filed a notice of appeal towards the decision leading to the discharge and acquittal of the charges," the statement read.
"Section 39B of the Dangerous Drugs Act provides a death penalty or life imprisonment if the death penalty is not accorded, while the fake pistols provided a maximum one year’s jail and [a] fine [of] not more than RM5,000 or both."
Last Thursday (June 12), judge Datuk Muhammad Jamil Hussin acquitted Yusoff without ordering him to enter his defence, stating that the prosecution had failed to prove a prima facie case against the accused.
Jamil ruled that Yusoff was not in the car, which was registered to him, when the police raid occurred and the items were discovered. The raid followed a tip-off at 5am on Sept 6 of last year.
Yusoff was outside the car at the time. Jamil also noted a significant nine-hour gap between when Yusoff left the car outside the condominium and when police approached the vehicle after observing the accused go towards it.
"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," the judge noted.
"This complaint was not investigated by the investigating officers, despite the claims made against (Anwar) and the accused was still in remand. There are several gaps in the prosecution’s case, including the issue of custody and control (of those items), 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).”
Yusoff — Anwar’s former research officer — was charged with trafficking 300.1 grammes of cannabis and possessing two imitation pistols. The alleged offences occurred by a roadside near a condominium in Bukit Kiara at 9.25am on Sept 6, 2024.
A total of 13 prosecution witnesses testified during the trial.