PUTRAJAYA: The Court of Appeal was told that 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 on Muhammed Yusoff, who is the respondent in the prosecution’s appeal.
“The prosecution has sent out the request to Interpol through a letter dated July 22.
“Until today, there is no confirmation of the respondent’s whereabouts nor the attempts to hand him the notice of appeal,” DPP Mohd Asnawi said here during a case mention yesterday.
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 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 concern that such non-physical attendance in criminal proceedings would set a precedent for future cases.
The judge said a respondent’s presence was required in criminal proceedings.
“The court does not want a situation where once a decision has been reached and it involves arrest, the arrest could not be executed,” he added.
Other judges on the panel were Justices Hayatul Akmal Abdul Aziz and K. Muniandy.
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 12 Sept 2024, Yusoff was charged with trafficking 305 grammes of cannabis allegedly found in his vehicle at the Kuala Lumpur police headquarters surau on 6 Sept 2024.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries life imprisonment and at least 12 strokes of the cane upon conviction.
He faced a secondary charge under Section 36(1) of the Arms Act 1960 for possessing two imitation firearms on Jalan Bukit Kiara.
On 12 June 2025, the High Court acquitted Yusoff without calling for his defence.
He left Malaysia later that month to seek human rights asylum in the United Kingdom.
