Appellate court gives prosecution more time to serve appeal notice on Yusoff Rawther over drug, fake gun acquittal

KUALA LUMPUR, June 15 — The Court of Appeal has granted the prosecution more time to locate former research assistant Yusoff Rawther and personally serve him with a notice of appeal against his acquittal on drug trafficking and imitation firearms charges.

According to Free Malaysia Today, the prosecution had sought an extension after failing to effect personal service of the notice of appeal on Yusoff, the respondent in the case.

A three-member bench chaired by Justice Datuk Azman Abdullah said the court was bound by legal precedent requiring personal service of the notice.

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

Justices Datuk Mohd Radzi Abdul Hamid and K Muniandy, who sat with him, agreed that compliance with the service requirement must come first before the appeal could proceed.

The court fixed September 8 for case mention and said it would later decide whether the appeal could proceed in Yusoff’s absence, depending on updates from the prosecution’s efforts to serve the notice.

Deputy public prosecutor Asnawi Abu Hanipah said attempts to serve the notice at Yusoff’s last known address in Penang had failed.

He said Yusoff’s lawyers had informed the prosecution that their client is currently in the United Kingdom.

Checks with the Immigration Department also showed that Yusoff left Malaysia in June last year.

Defence counsel Muhammad Rafique Rashid Ali said his client is seeking asylum in the UK and does not intend to return 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,” he said.

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

The court ruled that the prosecution failed to prove knowledge, custody and control of the drugs and imitation firearms.

Yusoff had been charged with trafficking 305g of cannabis allegedly found in his vehicle outside the Kuala Lumpur police surau on September 6, 2024.

He was also charged with possessing two imitation pistols outside a condominium on Jalan Bukit Kiara on the same day.

The drug trafficking charge carries the death penalty or imprisonment of up to 30 years and not fewer than 12 strokes of the cane upon conviction, while the imitation firearms charge carries up to one year’s jail, a fine of up to RM5,000, or both.

He has maintained throughout trial that the items were planted to frame him.