PUTRAJAYA (Nov 4): The Court of Appeal has given the prosecution until February 3 to make further efforts to locate Muhammed Yusoff Rawther and serve him a notice to attend the hearing of its appeal against his acquittal on charges of drug trafficking and possession of fake pistols.

The three-member appellate bench, led by Datuk Azman Abdullah, rejected the prosecution's request to consider conducting the proceedings via Zoom, saying it did not want to create an unnecessary precedent by making an exception in the case.

The decision came after deputy public prosecutor How May Ling informed the court that authorities in the UK and Ireland had been unable to locate Yusoff or serve him the notice, despite assistance being sought from Interpol in the UK.

How said this was the second case management before the appellate bench and that the prosecution had been informed last month that efforts to locate Yusoff had been unsuccessful. The authorities also had no information regarding his asylum application.

The prosecution subsequently sought another case management date to make further attempts to locate and serve Yusoff while asking the court to consider holding the proceedings via Zoom to accommodate his attendance.

How said Yusoff's lawyers had previously indicated that they were in contact with him and had instructions to represent him in the appeal.

However, the other two judges on the panel, Datuk Hayatul Akmal Abdul Aziz and K Muniandy, questioned whether the court could proceed with the appeal if the respondent could not be located and his whereabouts remained unknown.

How sought to convince the judges that online proceedings could establish Yusoff's willingness to contest the prosecution's appeal and facilitate his attendance.

Azman, however, questioned what would happen if the online system malfunctioned or Yusoff suddenly left the proceedings.

"This court does not want to create an unnecessary precedent in this case. While the prosecution may wish to proceed with the appeal hearing, this court cannot be seen as being fixated on locating the respondent (Yusoff), wherever he may be, even if he is at the edge of the world," he added.

"Let's put it this way. If you find him, bring him before this court," Azman said.

"Try and exhaust all avenues to locate him and serve the notice. If you go to his home at 11am and he is not there, go to his workplace or return at another time or on another day to serve it to him.

"Use your wit and make every effort to serve the notice for him to attend," the judge said.

Muniandy and Hayatul said the bench could not be seen as making an exception by allowing the proceedings to be conducted via Zoom.

"The prosecution must take the necessary steps and do what is required to locate and serve him. We do not want to create a new precedent," they said.

Following this, How said the prosecution would seek a later date for case management to make further attempts to locate and serve Yusoff.

Yusoff's counsel, Rafique Rashid Ali, who appeared with Nur Mustanir Mohd Nor, told the bench that it should consider Section 314 of the Criminal Procedure Code concerning the non-appearance of a respondent, arguing that the prosecution could not proceed with the appeal in his absence.

"I have stated that my client is prepared to clear his name and is willing to attend the proceedings via Zoom. I must also state on record that my client did not run away," he said.

Azman then interjected, saying the bench should not be seen as treating the case differently or as having an agenda.

"Try to impress upon him to return, as you have a channel of communication with him," he told Rafique.

The bench subsequently fixed February 3 for case management, with Azman indicating that he would be approaching his compulsory retirement by then.

Acquitted of trafficking cannabis and possessing fake pistols

Yusoff was acquitted without his defence being called by High Court judge Datuk Muhammad Jamil Hussin on June 12 last year. He had faced charges of trafficking 300.1 grammes of cannabis and possessing fake pistols on Sept 4, 2024. The court ruled that there was no prima facie case warranting the then 32-year-old to enter his defence.

The drug trafficking 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 penalty of life imprisonment and whipping of not less than 12 strokes if convicted.

For the charge of possessing fake pistols, Yusoff faced a maximum jail term of one year, a fine of up to RM5,000, or both, if found guilty under Section 36(1) of the Arms Act 1960.

It was previously reported that Yusoff feared for his safety following allegations he had made against Prime Minister Datuk Seri Anwar Ibrahim and his former aide, businessman Datuk Seri Farhash Wafa Salvador Mubarak Ali. This reportedly led him to seek asylum in the UK.

Following his asylum application, Yusoff's passport was allegedly withheld by the UK authorities.

Read also:
Prosecution engages Interpol UK to locate Yusoff Rawther, another mention date fixed
Yusoff Rawther acquitted as High Court dismisses drug, fake gun possession charges
Yusoff Rawther can’t attend prosecution’s appeal on acquittal as passport withheld by UK authorities following asylum application