KUALA LUMPUR: The Attorney General’s Chambers (AGC) is appealing the High Court’s decision to acquit and discharge Muhammed Yusoff Rawther on charges of trafficking cannabis and possessing two imitation firearms.
It said the notice of appeal challenged the High Court’s ruling which acquitted the accused, a former research assistant, without calling for his defence at the close of the prosecution’s case.
The charge was under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and Section 36(1) of the Arms Act 1960 (Act 206).
“Upon careful consideration of the learned High Court judge’s decision, we have filed a notice of appeal against the acquittal and discharge.
“Section 39B(2) of Act 234 provides for the death penalty or life imprisonment, and if the death penalty is not imposed, the sentence shall include not less than 12 strokes of the cane.
“Section 36(1) of Act 206 carries a maximum sentence of one year’s jail, fine not exceeding RM5,000, or both,” the AGC said yesterday, Bernama reported.
On June 12, Justice Muhammad Jamil Hussin acquitted Muhammed Yusoff, 32, after ruling that the prosecution failed to establish a prima facie case against him at the end of its case.
In his judgment, the judge said the prosecution failed to prove that the accused had custody, control or possession of the two imitation firearms and the drugs in question, based on the testimony of prosecution witnesses.
