PUTRAJAYA (Jan 16): The Court of Appeal (COA) has set June 15 this year to hear the public prosecutor’s appeal against a High Court decision which acquitted Datuk Seri Anwar Ibrahim’s former research officer Muhammad Yusoff Rawther of the charge of trafficking cannabis and the possession of two fake pistols.

COA Registrar Mahyudin Mohd Som fixed the hearing date at a case management in Putrajaya on Friday. 

He instructed the public prosecutor to file their appeal petition by Feb 9, and also instructed parties to file their written submissions by May 15 and replies to submissions by May 29. 

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, Kuala Lumpur, 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, Yusoff 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.

In his decision on June 12 last year, now-retired High Court judge Datuk Muhammad Jamil Hussin had said the court was satisfied that there was no prima facie case that warranted the 32-year-old’s defence to be called. 

Jamil said that 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 had said.

Yusoff has also filed a civil suit against Anwar, alleging that Anwar had sexually assaulted him. 

The trial was granted a stay pending Anwar’s appeal at the COA, where Anwar is challenging aspects of the civil lawsuit brought by his former aide. The COA has set March 4 to hear this appeal. 

This includes arguments for a full stay of the High Court proceedings pending the appeal’s outcome. The COA has, in earlier stages, granted temporary and full stay applications to pause the trial while the appeal is adjudicated.

Anwar’s legal team had previously sought to refer eight constitutional questions to the Federal Court on whether a sitting prime minister enjoys immunity from civil suits, but the High Court dismissed that bid as not meeting the necessary threshold.