PUTRAJAYA: Interpol Manchester is currently tracing the whereabouts of former research assistant Muhammed Yusoff Rawther (pic) in the United Kingdom (UK) to facilitate service of the prosecution’s notice of appeal, the Court of Appeal was told on Tuesday.
Deputy Public Prosecutor Mohd Asnawi Abu Hanipah said a request notice had been sent to Interpol on July 22, which subsequently sought additional information.
“Interpol Manchester is gathering information regarding the respondent’s whereabouts. However, to date, the respondent’s location has not been confirmed, and attempts to serve the notice of appeal on the respondent have not yet succeeded.
“Therefore, we request that the court fix a mention date in two months,” he said during proceedings before a three-judge panel comprising Datuk Azman Abdullah, Datuk Hayatul Akmal Abdul Aziz and K. Muniandy.
Mohd Asnawi also referred to the requirement to physically serve the notice of appeal on the respondent under Section 314 of the Criminal Procedure Code (CPC).
The prosecution is appealing against the Kuala Lumpur High Court’s decision last year to acquit Muhammed Yusoff of charges involving the trafficking of cannabis and possession of two imitation pistols at the close of the prosecution’s case, without calling for his defence.
Earlier, Mohd Asnawi said the respondent’s counsel had informed the court that Muhammed Yusoff was prepared to attend the appeal hearing online via Zoom.
However, Judge Azman said the respondent’s physical presence was required as the appeal involved criminal proceedings.
“If we grant this privilege in this case (attending via Zoom), what about other cases? We need the respondent’s presence should the court decide to order him to enter his defence or otherwise,” he said.
Meanwhile, lawyer Muhammad Rafique Rashid Ali, representing Muhammed Yusoff, said his client, who has been in the UK since June last year seeking asylum on human rights grounds, was prepared to proceed with the appeal hearing via Zoom.
The court subsequently fixed Nov 4 for mention.
On June 12, 2025, High Court Judge Datuk Muhammad Jamil Hussin acquitted Muhammed Yusoff, 33, after finding that the prosecution had failed to establish a prima facie case against him.
The court held that based on witness testimony, the prosecution had failed to prove that Muhammed Yusoff had control, custody or possession of the two pistols and the drugs in question.
Muhammed Yusoff was charged with trafficking 305 grammes of cannabis in the vehicle he was travelling in, in front of the Kuala Lumpur Police Contingent Headquarters (IPK) surau at 10.15 am on Sept 6, 2024.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and is punishable under Section 39B(2) of the same Act, which provides for life imprisonment and whipping of not less than 12 strokes upon conviction.
He was also charged with possessing two imitation pistols by the roadside near a condominium on Jalan Bukit Kiara at 9.25 am on the same date.
The charge, framed under Section 36(1) of the Arms Act 1960, carries a maximum penalty of one year’s imprisonment or a fine of up to RM5,000, or both, upon conviction.
