Prosecution given more time to serve appeal notice on Yusoff Rawther

PUTRAJAYA: The Court of Appeal has allowed the prosecution more time to locate former research assistant Yusoff Rawther and personally serve him with a notice of appeal against his acquittal of drug trafficking and possession of imitation firearms charges.

A three-member bench chaired by Justice Azman Abdullah said the court was bound by legal precedent requiring personal service of the notice of appeal on Yusoff, the respondent in the case.

“Under Section 314 of the Criminal Procedure Code, the appellant (prosecution) must serve the notice personally on the respondent (Yusoff),” he said.

Justices Radzi Abdul Hamid and K Muniandy, who sat with Azman, said an appellant in a criminal appeal must first comply with the legal requirement of serving the notice on the respondent.

The court fixed Sept 8 for case mention.

Azman said the court would then decide whether the appeal could proceed in Yusoff’s absence after being updated on efforts by the prosecution to effect service.

Deputy public prosecutor Asnawi Abu Hanipah earlier told the court that attempts to serve the notice at Yusoff’s last known address in Penang had been unsuccessful.

He said Yusoff’s solicitors had written to the prosecution two weeks ago informing them that their client was currently in the UK.

Checks with the immigration department also revealed that Yusoff left Malaysia in June last year, Asnawi added.

He submitted that the court could either exercise its discretion to hear the appeal or grant the prosecution additional time to locate Yusoff and effect service of the notice.

Counsel Rafique Rashid Ali, appearing for Yusoff, told the court that his client was seeking asylum in the UK and would not be returning to Malaysia.

“He sent me an email on June 1 informing me of the matter, but he is aware that the prosecution is appealing against the acquittal,” Rafique said.

On June 12 last year, the High Court in Kuala Lumpur acquitted Yusoff of both charges without calling for his defence.

Judge Jamil Hussin, who has since retired, ruled that the prosecution failed to prove that Yusoff had knowledge, custody, and control of the drugs and imitation pistols.

Yusoff was charged with trafficking 305g of cannabis allegedly found in his vehicle outside the Kuala Lumpur police surau at 10.15am on Sept 6, 2024. The drugs were allegedly wrapped in a black plastic bag.

He was also charged with possessing two imitation pistols outside Senada Condominium on Jalan Bukit Kiara at 9.25am that the same day.

The imitation firearms charge under Section 36(1) of the Arms Act 1960 carries a maximum penalty of one year’s imprisonment, a fine of up to RM5,000, or both.

The drug trafficking charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries the death penalty or imprisonment of up to 30 years and no fewer than 12 strokes of the rotan upon conviction.

Yusoff’s defence throughout the trial was that the drugs and imitation pistols were planted to frame him.