PUTRAJAYA: The Court of Appeal was told that the Interpol in Manchester is in the midst of locating Muhammed Yusoff Rawther, who is in the United Kingdom, following his attempt to seek asylum there.
Deputy public prosecutor Mohd Asnawi Abu Hanipah informed the appellate court that the prosecution sent a request to the NCB Interpol in Manchester two months ago to obtain information about Muhammed Yusoff, who is the respondent in the prosecution's appeal.
"The prosecution has sent out the request to the Interpol through a letter dated July 22.
"Until today, there is no confirmation on the respondent's whereabouts nor the attempts to hand him the notice of appeal," DPP Mohd Asnawi said here during a case mention on Tuesday (Sept 8).
The prosecution is appealing the Kuala Lumpur High Court’s decision on June 12, 2025, which acquitted the 33-year-old former research assistant of two charges involving cannabis distribution and possession of two imitation firearms.
DPP Mohd Asnawi also told the court that Section 314 of the Criminal Procedure Code, which governs the non-appearance of a respondent during a criminal appeal, was inapplicable in the case as Muhammed Yusoff's lawyer himself had informed parties that their client was ready to follow the appeal hearing through online proceedings on Zoom.
"To me, Section 314 is yet to be invoked because the respondent wants to participate but through a non-physical medium," the DPP said.
Justice Azman Abdullah, who chaired the three-judge panel, however, raised the concern that such non-physical attendance in criminal proceedings would set a precedent for future cases.
He said a respondent's presence was required in criminal proceedings.
"This involves a criminal appeal. The court does not want a situation where once a decision has been reached and it involves arrest, the arrest could not be executed.
"We require the respondent's presence," he added.
Other judges on the panel were Justices Hayatul Akmal Abdul Aziz and K. Muniandy.
DPP Mohd Asnawi then told the court that the prosecution will persevere to carry out the personal service on Muhammed Yusoff in handing over the notice of appeal.
Meanwhile, Muhammed Yusoff's lawyer Muhammad Rafique Rashid Ali told the court that his client was steadfast that the appeal must go on without him being physically present, as stated in his letter dated June 2 to the Court of Appeal.
Justice Azman then fixed Nov 4 for the next case mention.
On Sept 12, 2024, 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.
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.
Muhammed Yusoff was acquitted by the High Court on June 12, 2025, without being called to enter defence. He left Malaysia the same month, seeking asylum on human rights basis in the United Kingdom.
