PUTRAJAYA, Nov 4 — The Court of Appeal was told today that the prosecution has yet to physically serve a notice of appeal on Muhammed Yusoff Rawther, a former research assistant to a politician, who is currently in the United Kingdom (UK).

Deputy Public Prosecutor (DPP) How May Ling told a three-member panel that authorities in the UK and Ireland had failed to locate Muhammed Yusoff or serve the notice on him, despite assistance being sought from Interpol.

"The prosecution was informed last month that efforts to locate the respondent (Muhammed Yusoff) had been unsuccessful. The authorities also had no information regarding his asylum application,” she said during case management before Justices Datuk Azman Abdullah, Datuk Hayatul Akmal Abdul Aziz and K. Muniandy.

The prosecution is appealing against the Kuala Lumpur High Court’s decision to acquit and discharge Muhammed Yusoff of charges of trafficking cannabis and possessing two imitation pistols at the end of the prosecution’s case, without calling him to enter his defence.

How said the respondent’s counsel had informed the court during an earlier proceeding that they were still in contact with him and had received instructions to represent him in the appeal.

The DPP said the prosecution was seeking another case management date to allow efforts to locate Muhammed Yusoff and serve the notice to continue.

It also applied for the proceedings to be conducted via Zoom so that he could appear online and confirm his whereabouts in the UK, facilitating service of the appeal notice.

On the Zoom application, Justice Azman said the case should not be treated differently from other criminal cases.

"I do not want to make an exception in this case. This is a criminal proceeding, and the respondent must appear physically in court. This court also does not want to set an unnecessary precedent.

"If the prosecution succeeds in locating him, bring him before this court,” he said.

Justice Azman also urged the lawyer to advise his client to return to Malaysia, given that they had a channel of communication with him.

Counsel Muhammad Rafique Rashid Ali, representing Muhammed Yusoff, said he acknowledged that physical service of the appeal notice was a legal requirement under Section 314 of the Criminal Procedure Code.

However, he maintained that his client was not on the run but was in the UK to seek asylum.

The court fixed February 3 next year for further case management.

On June 12, 2025, High Court Judge Datuk Muhammad Jamil Hussin acquitted and discharged Muhammed Yusoff, 33, after ruling that the prosecution had failed to establish a prima facie case against him.

The court found that the prosecution had failed to prove, through witness testimony, that the accused had control, custody or possession of the two pistols and the drugs.

Muhammed Yusoff was charged with trafficking 305 grammes of cannabis found in a vehicle he was travelling in outside the surau at the Kuala Lumpur Police Contingent Headquarters at 10.15am on September 6, 2024.

The charge was brought under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, which provides for life imprisonment and not fewer than 12 strokes of the cane upon conviction.

He was also charged with possessing two imitation pistols by the roadside near a condominium in Jalan Bukit Kiara at 9.25am on the same day.

The charge was under Section 36(1) of the Arms Act 1960, which carries a maximum jail term of one year, a fine of up to RM5,000, or both, upon conviction. — Bernama