PUTRAJAYA: The Court of Appeal has given the prosecution more time to locate Muhammed Yusoff Rawther, who is currently in the United Kingdom seeking asylum on humanitarian grounds.
Justice Azman Abdullah, who chaired a three-judge panel on Wednesday (Nov 4), fixed March 3 for the court to reconvene regarding Yusoff's whereabouts, which the prosecution needs to serve him its notice of appeal.
Other judges on the panel were Justices Hayatul Akmal Abdul Aziz and K. Muniandy.
The prosecution is appealing a Kuala Lumpur High Court decision on June 12 last year, which acquitted the 33-year-old former research assistant of two charges involving cannabis distribution and possession of two imitation firearms.
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Justice Azman earlier dismissed the prosecution's application to conduct the proceedings via Zoom, saying that the case should not be treated any differently from other criminal cases.
At the outset of the proceedings, deputy public prosecutor How May Ling told the court that Yusoff's location was still unknown and only his lawyer, Muhammad Rafique Rashid Ali, has a direct channel to him.
"We seek for a case management to be conducted before the panel including the respondent (Yusoff) via Zoom for him to tell us his location.
"This way, the prosecution can do the proper handover of the notice," she said on Wednesday.
Justice Azman, however, questioned if the prosecution had tried other ways to reach the respondent.
DPP How replied that her efforts were "not exhausted yet" as the respondent could still be met on Zoom.
Justices Hayatul and Muniandy raised the concern of creating a precedent if the Zoom proceeding was allowed.
"What makes this different from other drug cases?" Justice Hayatul asked.
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Meanwhile, Rafique told the court that his client did not run away but went to the United Kingdom to seek asylum.
On Sept 12, 2024, Yusoff was charged with trafficking 305g of cannabis allegedly found in his vehicle at the Kuala Lumpur police headquarters surau on Sept 6.
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 June 12 last year, the High Court acquitted Yusoff without calling for his defence. He left Malaysia later the same month.
