PUTRAJAYA (Sept 8): The prosecution has engaged the help of Interpol in the United Kingdom to assist them in sending a personal notice of hearing to Muhammed Yusoff Rawther, who had been acquitted by the High Court of the charges for drug trafficking and possession of fake pistols. The prosecution is appealing Yusoff’s acquittal.
On Tuesday, Deputy Public Prosecutor Mohd Asnawi Abu Hanifah and DPP Abdul Malik Ayob told a three-member Court of Appeal bench that they had got in touch with Interpol in Manchester, UK, on July 22, to assist in locating Yusoff.
The Interpol, Asnawi added, needed further details, and the prosecution had furnished it.
“However, as of now, the notice has yet to be served as they cannot locate him. As a result, the prosecution requests another mention date,” Asnawi said.
He also explained to the three-member bench led by Datuk Azman Abdullah that since Yusoff had indicated he is prepared to enter proceedings via Zoom and not physically, the bench could consider going ahead with the hearing of the appeal.
However, Azman, who sat with fellow judges Datuk Hayatul Akmal Abdul Aziz and K Muniandy, informed the prosecution that despite them (the prosecution) citing the Gan Boon Aun case — where the court can do away with the presence of the accused — as this is a criminal case, it was better for the notice to be served first and for the court to decide later.
“The bench does not want to make a new precedent as this is a criminal case that requires the presence of the accused,” Azman added.
Following this, the bench fixed Nov 4 for second mention in the case for the prosecution to update the court on whether they have managed to serve the notice of hearing.
Yusoff was represented by lawyers Rafique Rashid Ali, Akif Rusli, and Nur Mustanir Md Nor.
Prior to this, in June, it was reported that Yusoff had sought asylum in the UK following the alleged threats to his life after his acquittal and his sexual assault suit against Prime Minister Datuk Seri Anwar Ibrahim.
An initial hearing date fixed on June 15 had to be deferred when the bench was informed by Rafique over their client’s application for asylum in the UK following his acquittal, but Yusoff was prepared to proceed with the prosecution’s appeal via online.
Rafique had told a press conference that Yusoff was fearful for his safety following allegations he had made against Anwar and his former aide Datuk Seri Farhash Wafa Salvador Mubarak Ali, who is also a businessman.
Yusoff was acquitted without his defence being called by High Court judge Datuk Muhammad Jamil Hussin on June 12 last year, on charges of trafficking of 300.1 grammes of cannabis and possession of fake pistols on Sept 4, 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 possession of fake pistols, 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.
After the court session on Tuesday, Rafique emphasised that his client was prepared to go through the prosecution’s appeal. The lawyer also asked about developments to Yusoff’s police report, which Yusoff had made in September 2024, alleging that the contraband and fake pistols had been planted following the allegations he had made on Farhash and Anwar.
"Two years later, there has not been any developments on this," he said.