PETALING JAYA: A former research assistant to a politician, Muhammed Yusoff Rawther, was today acquitted and discharged by the High Court here on charges of drug trafficking and possession of imitation firearms.
Judge Datuk Muhammad Jamil Hussin made the order after finding that the prosecution failed to establish a prima facie case against Muhammed Yusoff, 32, at the end of the prosecution’s case.
The judge said that based on the testimony of the prosecution witnesses, the court found that the prosecution failed to prove that the accused had control, custody and possession of the two pistols and the drugs.
“Based on the testimony of the prosecution witnesses as well, the court found that it was not safe for this court to convict the accused of the offences charged against him.
“Therefore, the accused is acquitted and discharged of the charges without having to be called to enter his defence,” said the judge.
Muhammed Yusoff was charged with trafficking 305 grams of cannabis in a vehicle he was riding in front of the Kuala Lumpur Police Contingent Headquarters (IPK) surau at 10.15 am on Sept 6 last year.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which provides for life imprisonment and whipping of not less than 12 strokes if convicted.
He was also charged with possessing two imitation pistols on the roadside near a condominium in Jalan Bukit Kiara here at 9.25 am on the same day.
The charge, under Section 36(1) of the Arms Act 1960, provides a maximum imprisonment of one year or a fine not exceeding RM5,000 or both, if convicted.
Judge Muhammad Jamil, in his summary judgment, said it was not disputed that during the inspection of Muhammed Yusoff’s Nissan Teana car, the first prosecution witness (SP1), Insp
Wan Muhammad Wan Ali, found a black bag containing two pistols in the front seat of the vehicle.
The judge said further inspection of the vehicle at the Kuala Lumpur police station by SP6, Corporal Amirul Azwa Zahari, found a black plastic package containing drugs in the back seat of the car.
“It is true that the car was registered in the accused’s name and belonged to the accused, and the car keys and remote control were in the accused’s possession. It is also undeniable that the accused was near the car and opened the car door during the operation.
“However, the evidence does not allow a reasonable conclusion to be drawn that the accused had exclusive control over the car and had custody or control over the two pistols and drugs,“ he said.
According to the judge, there was no evidence from the prosecution witnesses that there were other individuals who had access to the vehicle and placed the drugs and two pistols in the car.
He said there was no evidence to show that the accused was in a suspicious state when the pistol and drugs were found.
On the contrary, the accused denied that the black bag containing the pistol and the black plastic package containing the drugs found in the car belonged to him, he added.
Today’s proceedings were attended by Deputy Public Prosecutor Mohd Sabri Othman, for the prosecution, while lawyer Muhammad Rafique Rashid Ali represented Muhammed Yusoff.
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