THE Court of Appeal has rejected an attempt to proceed with the prosecution’s appeal against Muhammed Yusoff Rawther’s acquittal via Zoom, insisting that the notice of appeal must first be personally served on him.
The three-member panel today gave the prosecution until Nov 4 to update the court on its efforts to locate Yusoff and serve the notice, with INTERPOL in Manchester assisting in tracing him in the United Kingdom.
Deputy Public Prosecutor Mohd Asnawi Abu Hanipah said the prosecution had requested INTERPOL’s assistance on July 22 and was awaiting further information on Yusoff’s whereabouts.
“The National Central Bureau (NCB) of INTERPOL in Manchester has been informed and is gathering information regarding him,” he said.
The prosecution had argued that the appeal could proceed despite Yusoff’s absence because he was prepared to participate remotely through Zoom.
However, Justice Datuk Azman Abdullah said the court could not make an exception for a criminal matter, stressing that physical attendance was necessary to ensure any order issued by the court could be enforced.
“That is the problem. If we give an exception in this case, what about other cases?
“Because this involves a criminal case, the court does not want a situation where an order requiring him to be detained, for example, is issued but cannot be enforced.
“For criminal cases, we need attendance,” he said.
Azman was sitting with Justices Datuk Hayatul Akmal Abdul Aziz and K. Muniandy.
He also pointed out that criminal proceedings had not been conducted without the accused’s physical presence even during the COVID-19 pandemic and Movement Control Order period.
The court’s position follows Section 314 of the Criminal Procedure Code, which requires personal service of the notice of appeal on the respondent before the appeal can proceed.
Defence lawyer Muhammad Rafique Rashid Ali said Yusoff remained prepared to have the appeal heard via Zoom and had given firm instructions to proceed in that manner.
However, he agreed that the requirements under Section 314 had to be complied with.
The prosecution’s appeal is against the Kuala Lumpur High Court’s decision on June 12 last year to acquit and discharge Yusoff at the end of the prosecution’s case without calling him to enter his defence.
Yusoff was charged with trafficking 305 grammes of cannabis and possessing two imitation pistols, allegedly on Sept 6, 2024.
The court fixed Nov 4 for further mention, when the prosecution is expected to report on whether it has succeeded in locating Yusoff and personally serving the appeal notice.
Yusoff has been in the UK since June last year after applying for asylum on human rights grounds. - September 8, 2026
