Latest news with #JusticeJamilHussin
Free Malaysia Today
16-06-2025
- Free Malaysia Today
AGC files notice to appeal against Yusoff Rawther's acquittal
The High Court in Kuala Lumpur ruled that the prosecution failed to prove that Yusoff Rawther had knowledge, custody, and control of the drugs and fake pistols. PETALING JAYA : The Attorney-General's Chambers (AGC) has filed a notice of appeal against the High Court's decision to acquit former research assistant Yusoff Rawther of drug trafficking and the possession of two imitation pistols. Justice Jamil Hussin ruled on Thursday that the prosecution had failed to establish a prima facie case on both charges as it was unable to prove all of the elements of the offences with credible evidence. 'After careful consideration of the decision by the honourable judge, we have filed a notice of appeal against the discharge and acquittal,' the AGC said in a statement today. Jamil ruled that prosecution had failed to prove that Yusoff had knowledge, custody, and control of the drugs and fake pistols. He ordered for Yusoff to be acquitted and discharged without being called to enter his defence. Yusoff was accused of trafficking in 305g of cannabis found in his vehicle when it was parked in front of the Kuala Lumpur police surau at 10.15am on Sept 6, 2024. The drugs were allegedly wrapped in a black plastic bag. He was also charged with possessing fake pistols outside Senada Condominium on Jalan Bukit Kiara at 9.25am the same day. The fake firearms possession charge, under Section 36(1) of the Arms Act 1960, carried a maximum penalty of one year in prison, a fine of up to RM5,000, or both, upon conviction. The drug trafficking charge, framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, provided for the death penalty or 30 years' imprisonment as well as a whipping of not less than 12 lashes. Yusoff's defence was that the drugs and pistols were planted to frame him. He was held at the Sungai Buloh prison as bail is not allowed for those charged with drug trafficking.
Free Malaysia Today
12-06-2025
- Free Malaysia Today
Have you investigated Yusoff's police report, lawyer asks cops
Lawyer Rafique Rashid Ali had called for an update from the authorities as early as November last year. KUALA LUMPUR : The lawyer of former research assistant Yusoff Rawther has urged the police to provide updates on a report lodged by his client last year in which he claimed he had been framed. Following Yusoff's acquittal by the High Court today, Rafique Rashid Ali called on Inspector-General of Police Razarudin Husain to break his silence on the status of the investigation into the report, filed on Sept 12, 2024. 'Yusoff lodged the report last year on Sept 12. When he was brought to court, we told the police to investigate the report. 'I would like to question the IGP on the status of the investigation. Have the police called those listed in the report for questioning?' he told reporters today. This is not the first time Rafique has raised the matter, having publicly called for an update from the authorities as early as November last year. In the police report, Yusoff claimed he had been framed and provided a list of individuals allegedly involved in setting him up. Yusoff, who had been held in remand for nine months, walked out of court a free man today after being acquitted of drug trafficking and the possession of two imitation pistols. Justice Jamil Hussin ruled that the prosecution failed to establish a prima facie case on both charges, citing a lack of credible evidence to prove all elements of the offences.
Free Malaysia Today
12-06-2025
- Free Malaysia Today
Yusoff Rawther freed of drug trafficking, fake pistols possession charges
The High Court in Kuala Lumpur ruled that the prosecution failed to prove that Yusoff Rawther had knowledge, custody, and control of the drugs and fake pistols. (Bernama pic) KUALA LUMPUR : Former research assistant Yusoff Rawther, who has been held in remand for nine months, walked out of court a free man today after the High Court acquitted him of drug trafficking and the possession of two imitation pistols. Justice Jamil Hussin said the prosecution failed to establish a prima facie case on both charges as it was unable to prove all elements of the offences with credible evidence. 'The prosecution failed to prove that Yusoff had knowledge, custody and control of the drugs and fake pistols. 'The accused is acquitted and discharged without being called to enter his defence,' Jamil said after hearing oral submissions. Yusoff was accused of trafficking in 305g of cannabis found in his vehicle when it was parked in front of the Kuala Lumpur police surau at 10.15am on Sept 6, 2024. The drugs were allegedly wrapped in a black plastic bag. He was also charged with possessing fake pistols outside the Senada Condominium on Jalan Bukit Kiara at 9.25am the same day. The fake firearms possession charge, under Section 36(1) of the Arms Act 1960, carried a maximum penalty of one year in prison, a fine of up to RM5,000, or both, upon conviction. The drug trafficking charge, framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, provided for the death penalty or 30 years' imprisonment as well as a whipping of not less than 12 lashes. Yusoff's defence was that the drugs and pistols were planted to frame him. He was held at the Sungai Buloh prison as bail is not allowed for those charged with drug trafficking. Jamil, who is scheduled to retire in November, also said the two investigating officers failed to investigate Yusoff's claim, made to the recording officer during detention, that he was a victim of entrapment by a certain individual. 'The police officers had ample time to verify his statement but did not do so,' he said, adding that this had prejudiced the accused. Deputy public prosecutors Sabri Othman, Shahrizzat Amadan, and R Haravind appeared for the prosecution. Lawyers Rafique Rashid Ali, Gurdial Singh Nijar, Nurmustanir Nor, and Amirul Ar-Rashid Azman acted for Yusoff.
Free Malaysia Today
04-06-2025
- General
- Free Malaysia Today
Court to hear Muhyiddin's reference bid on Aug 28
Former prime minister Muhyiddin Yassin is accused of making seditious statements during the Nenggiri by-election in Gua Musang, Kelantan, last year. (Bernama pic) KUALA LUMPUR : The High Court here will hear Muhyiddin Yassin's bid to refer legal questions to the apex court on the validity of certain provisions under Sedition Act on Aug 28. The former prime minister is accused of making seditious statements during the Nenggiri by-election in Gua Musang, Kelantan, last year. Justice Jamil Hussin fixed the date after lawyer Joshua Tay, appearing for Muhyiddin, told the court that the defence and prosecution had agreed on the date. The court then instructed the prosecution and defence to file their submissions by Aug 14. Deputy public prosecutor Razali Che Ani appeared for the prosecution. Muhyiddin allegedly said he was not invited by the then Yang Di-Pertuan Agong to be sworn in as prime minister following the 2022 general election, despite having obtained the majority support of 115 MPs. If found guilty, the Perikatan Nasional chairman and Bersatu president will face a jail term that could extend to three years or a maximum fine of RM5,000. Muhyiddin was initially charged at the Gua Musang sessions court in August last year. On Nov 27, Justice Azmi Abdullah allowed his application to have the case transferred to the Kuala Lumpur High Court.
Free Malaysia Today
16-05-2025
- Politics
- Free Malaysia Today
Court of Appeal must decide on IO's presence at remand hearings, says ex-Bar chief
Former Malaysian Bar president Salim Bashir said a Court of Appeal ruling will bind lower courts and bring clarity to the law. PETALING JAYA : A Court of Appeal decision is crucial to settle the legal uncertainty over whether a magistrate can issue a remand order without the investigating officer being present, a former Malaysian Bar president said. Salim Bashir noted that conflicting High Court rulings have created confusion. 'Regardless of the outcome, a Court of Appeal ruling would bind lower courts and bring clarity to the law,' he told FMT. He said that until the Court of Appeal resolved the matter, the latest High Court ruling had to be followed. Salim, who previously led the Bar Council's criminal law committee, was commenting on a High Court decision last week that quashed a remand order because of the IO's absence, declaring the proceedings unlawful. Justice Jamil Hussin ruled that Section 117(1) of the Criminal Procedure Code requires strict compliance. He said the provision only allows the investigating officer, and not any other policeman or representative of the investigating officer, to appear at a remand hearing. Jamil said the magistrate at the Jinjang remand centre should have rejected a remand application since the IO was not present. In a High Court ruling last July, Justice Abu Bakar Katar also quashed a remand order after stating that a police sergeant could not stand in for the IO. Both the rulings contradicted a High Court ruling last July by judicial commissioner Kan Weng Hin, who held that a remand order remains valid if another police officer who is knowledgeable about the case appears in the IO's place. Lawyer Rafique Rashid Ali said the matter should be heard by an enlarged panel of Court of Appeal judges due to its impact on law enforcement and suspects' rights. 'Magistrates need to question the IO on what was done in the last 24 hours to justify further detention. This is critical to ensure suspects' liberties are protected,' he said. Section 117(1) of the CPC allows police to seek additional detention if investigations cannot be completed within 24 hours. Rafique said if the ruling goes against the prosecution, Parliament could still amend the law. FMT has reached out to Attorney-General Dusuki Mokhtar for comment.
