PUTRAJAYA: The prosecution in the criminal case involving Muhammed Yusoff Rawther has been given three months to serve a notice of appeal filed against his acquittal via personal service before the appeal hearing can commence.
The Court of Appeal instructed the prosecution to do so to exhaust all attempts of service under Section 314 of the Criminal Procedure Code on Muhammed Yusoff, who is currently seeking asylum in the United Kingdom.
The prosecution is appealing against the Kuala Lumpur High Court's decision on June 12, 2025, where Muhammed Yusoff was acquitted of two charges of distributing cannabis and possessing two imitation firearms.
Justice Azman Abdullah, who chaired a three-judge panel, took note that Muhammed Yusoff's passport is currently being held by the United Kingdom government, as part of the asylum-seeking process.
"The appellant (the prosecution) must proceed with making the necessary steps to ensure that the notice of appeal is served on the respondent (Muhammed Yusoff) by personal service," Justice Azman said here on Monday (June 15).
The court was earlier informed by Deputy Public Prosecutor (DPP) Mohd Asnawi Abu Hanipah that the respondent was absent in the proceedings today as he has been abroad since June last year, the same month the appeal was filed.
"We have confirmed with the Immigration Department that the respondent has been abroad since last year, and there is no record of him returning.
"We have tried to trace him to serve him the notice of appeal two weeks ago, but failed. We seek the proceedings to proceed through online or Zoom with the respondent's presence," DPP Mohd Asnawi said.
Lawyer Muhammad Rafique Rashid Ali, who represented Muhammad Yusoff, confirmed that his client had knowledge of the appeal proceedings and that the notice was not physically served to his client.
The lawyer said he only knew that his client did not return to Malaysia on June 1 and informed the parties through a letter to the court and the prosecution.
"The respondent has applied for a human rights asylum, but the application has not been decided. Since his passport is being held by the UK government, it is impossible for him to attend court," Muhammad Rafique said.
The appellate court then fixed Sept 8 to determine whether the prosecution's appeal could continue or otherwise.
Other judges on the panel were Justices Mohd Radzi Abdul Hamid and K. Muniandy.
On June 12, 2025, Justice Muhammad Jamil Hussin acquitted Muhammed Yusoff without calling his defence after ruling that the prosecution failed to prove prima facie against the 33-year-old former research assistant to Datuk Seri Anwar Ibrahim.
On Sept 12, 2024, Muhammed Yusoff was accused of trafficking 305g of cannabis. The drug was found in his vehicle near the surau at the Kuala Lumpur police headquarters at 10.15am on Sept 6, 2024.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries a sentence of life imprisonment and at least 12 strokes of the cane, upon conviction.
Muhammed Yusoff was also charged with possessing two imitation firearms by the roadside near a condominium on Jalan Bukit Kiara at 9.25am the same day.
The charge was framed under Section 36(1) of the Arms Act 1960, which provides for a maximum penalty of one year in prison, a fine of up to RM5,000, or both, upon conviction.
