I am CONFUSED as to why Yusoff Rawther is not out on BAIL after he was brought to court, and the charge was read OUT. Did he apply for BAIL? Did the Court refuse to hear the Bail Application
At this stage, he is no more in police remand, and thus the COURT will need to 'release him on Bail' or at least hear and reject his BAIL application.
It seems absurd to suggest that he can only apply for bail, when he is brought and charged at the High Court which have the jurisdiction to hear cases of 'DRUG TRAFFICKING" that carries the death penalty.
He was brought to the Magistrate Court on 12/9/2024(Thursday) - and charged for DRUG TRAFFICKING under Section 39B of the Dangerous Drugs Act 1952, an offence that still carries the DEATH sentence..hence the High Court.
Yusoff Rawther should have IMMEDIATELY been taken to the High Court, the court with the jurisdiction to hear the trial, on the same day, or the day after, which was a Friday. WHY was he not? When will he be taken to the HIGH COURT - in 6-month's time???? Longer? Are they waiting for Chemistry Department report?
It was reported that the ‘…Deputy public prosecutor Mohd Sabri Othman asked the court to set a mention date pending the results of the substances which has been sent to the Department of Chemistry to be analysed…’ (New Straits Times, 12/9/2024)
Why was the BAIL APPLICATION not made or decided upon on 12/9/2024 at the Magistrate Court? Was it a ERROR of the Court, or the lawyer?? Whether it is bailable, non-bailable or unbailable offence, a BAIL application must be made and the Court decides.
Bail is generally available, irrespective of whether one is charged for a non-bailable or even an unbailable offence. Remember, the presumption of INNOCENCE until proven guilty in Court. Bail, as such is generally granted, unless there is a 'FLIGHT RISK' or the risk of tampering with evidence - a mere suggestion of the possibility of that RISK is not enough - some evidence need to justly be provided by the Prosecution. Balwant Singh, a lawyer, charged with MURDER was released on BAIL.
Some years back, the accused were foreigners alleged of the crime of violation of social visit pass by involvement 'prostitution', and they no longer had a valid social visit pass since it already expired whilst on remand.
The lower court judge rejected BAIL - I immediately(on the same day) took the matter to a High Court Judge(then Wahab Patail) to urge him to use his supervisory and revisionary powers - the Judge decided that BAIL ought to be granted, and the Judge in the Lower Court thereafter granted bail. Few conditions though - the lawyer(me) had to first take the accussed's passport to the Immigration Department and get a Special Pass endorsed - that was to ensure that the accused continued presence in Malaysia was legal. Thereafter, the Passport with the required Special Pass had to be deposited in Court, and the accused persons were released on bail, after bail amount was deposited, and the requirement of a local Malaysian to stand as surety was satisfied.
Thus, why was the Bail Application for Yusoff Rawther not been dealt with - and is he still not out on Bail. Pre-conviction detention is TORTURE. Is he being subjected to 'detention' until trial is over to pressure him to drop his legal suit against the sitting Prime Minister.
The Kuala Lumpur High Court has set June 16 next year as the trial date for Yusoff's sexual assault case against Anwar.On July 14,2021, Yusoff, who worked as Anwar's research assistant at the politician's bungalow office in Petaling Jaya in 2018, filed the suit alleging that the PKR leader sexually assaulted him in October that year, days before he won the Port Dickson by-election.Anwar in response claimed that Yusoff had lied under oath to the authorities regarding the sexual assault.
I believe that this legal case is very important for Malaysians - allegation of sexual assault by now Prime Minister Anwar Ibrahim - it should be EXPEDITED.
Trial dates should be fixed NOW - not in 9 MONTHS TIME, and then maybe delayed again and again until GE16? Yusoff filed the suit against Anwar in 2021, claiming that he had been sexually assaulted.
Note - that earlier MADPET statement called for Yusoff to be immediately DISCHARGED(or DNAA ed) as the NST report disclosed that the Prosecution had still not completed investigation - waiting for analysis report from the Chemistry Department. This is a DRUG charge - confirmation of the Chemistry Department that substance seized were 'dangerous drugs' is certainly a pre-requisite before one is charged in court. The Chemistry Department also need to confirm the WEIGHT of the drugs
DISCHARGE(DNAA)
for Yusoff Rawther - No person to be charged until investigation
complete ## still waiting for '..results of the substances which has
been sent to the Department of Chemistry to be analysed..'
This is the principle that has long been accepted by the courts. In the Malaysian case of Public Prosecutor V. Tan Kim San [1980] CLJU 66[1980] 1 LNS 66, the late Harun J said
The principle is that a person should not be charged in Court until the investigation into the case against him has been completed and there is prima facie evidence to prosecute him of the charge. In other words, a person should not be put in peril of a criminal trial unless the prosecution is able to prove the case against him. To do otherwise is an injustice....
Yusoff, man suing PM for sex assault, charged with non-bailable offence after drugs, guns found in car
The 31-year old believes he has been framed by individuals who harbour a grudge against him.
Muhammed Yusoff Rawther, the man who is awaiting trying for his sexual assault suit against Prime Minister Anwar Ibrahim, today appeared in court after about a week in police custody over accusations trafficking drugs.
Sporting a thick beard,Yusoff, the grandson of the late Penang consumer advocate SM Mohamed Idris, was escorted to the Kuala Lumpur Magistrate's Court by two masked policemen.
The 31-year-old Yusoff has denied knowing anything about two pistols and 305g of ganja found in his car.
He is charged under Section 39B of the Dangerous Drugs Act 1952, a non-bailable offence which carries a life sentence if convicted.
According to his lawyer Rafique Rashid, Yusoff insisted that the guns and drugs were planted in his car by people "who harboured a grudge or enmity against him".
"Yusoff is concerned for his safety, not to mention that his civil cases involving influential people are still ongoing. These cases have their own sensitivities.
"Yusoff's family stands firmly by his side and hopes that the police will carry out their duties professionally," Rafique had said yesterday.
The Kuala Lumpur High Court has set June 16 next year as the trial date for Yusoff's sexual assault case against Anwar.
On July 14,2021, Yusoff, who worked as Anwar's research assistant at the politician's bungalow office in Petaling Jaya in 2018, filed the suit alleging that the PKR leader sexually assaulted him in October that year, days before he won the Port Dickson by-election.
Anwar in response claimed that Yusoff had lied under oath to the authorities regarding the sexual assault.
Yusoff has filed a separate suit against Anwar's former political secretary Farhash Wafa Salvador Rizal Mubarak, claiming damages for the injuries he suffered after he was assaulted at Anwar’s bungalow office in Bukit Gasing, Petaling Jaya.
In October 2022, the Shah Alam Sessions Court ordered Anwar's press
secretary, Tunku Nashrul Tunku Abaidah, to pay Yusoff RM200,000 in
damages for statements made in connection with the assault on Farhash. - Malaysia Now, 12/9/2024
Citing allergies and upcoming suit against Anwar, lawyers seek prison's assurance on Yusoff's safety
The 31-year-old is now in custody at Sungai Buloh Prison, more than a week after police claimed to have found drugs and guns in his car.
The lawyer for Muhammed Yusoff Rawther - who is currently on remand after being charged with drug trafficking - has appealed to prison authorities to ensure his client's well-being, citing food allergies and an upcoming trial for his sexual assault suit against Prime Minister Anwar Ibrahim.
In a letter to the director Sungai Buloh Prison today, Rafique Rashid asked for assurances of his client's health and safety in jail.
He also hoped that authorities could exercise discretion and place Yusoff in the prison clinic so that his health could be monitored more closely and his dietary needs met.
"Our client cannot consume foods containing lactose, gluten or seafood due to severe allergies," Rafique said in the letter sent by his law firm, adding that Yusoff was also allergic to spicy foods, especially those containing chilli.
"Failure to adhere to this diet may adversely affect our client's health and endanger his life."
Rafique also referred to Yusoff's civil suit against Anwar, which is scheduled to be heard at the Kuala Lumpur High Court in June next year.
"Therefore, it is important that our client's safety is ensured throughout his detention so that he can attend the trial without any health or security issues," he added.
Yusoff, 31, was arrested on Sept 6 after police said they found two pistols and 305g of cannabis in his car parked outside the Dang Wangi police headquarters in Kuala Lumpur, according to the charge sheet.
He was charged yesterday under Section 39B of the Dangerous Drugs Act 1952, a non-bailable offence punishable with life imprisonment if convicted.
Yusoff, who sported a thick beard, was led to court by two masked police officers and was heard hurling insults at Anwar.
He has denied any knowledge about the guns and drugs the police claim to have found in his car, believing they were planted by people harbouring a grudge against him.
"Interestingly, Yusoff said: 'I am innocent, this is due to someone in power'," Rafique told reporters outside the Kuala Lumpur Magistrate's Court yesterday.
Yusoff and his family members have lodged two police reports containing names of individuals to be investigated, but police have yet to make any statement on the status of the reports.
On July 14, 2021, Yusoff, who worked as Anwar's research assistant at the politician's bungalow office in Petaling Jaya in 2018, filed a suit alleging that the PKR leader sexually assaulted him in October that year, days before he won the Port Dickson by-election after serving a ban on active politics due to a previous conviction for sodomy.
Anwar in response claimed that Yusoff had lied under oath to the authorities regarding the sexual assault.
Yusoff has filed a separate suit against Anwar's former political secretary Farhash Wafa Salvador Rizal Mubarak, claiming damages for the injuries he suffered after he was assaulted at Anwar’s bungalow office in Bukit Gasing, Petaling Jaya.
In October 2022, the Shah Alam Sessions Court ordered Anwar's press
secretary, Tunku Nashrul Tunku Abaidah, to pay Yusoff RM200,000 in
damages for statements made in connection with the assault on Farhash. - Malaysia Now, 13/9/2024
Court awards RM200,000 to Anwar's former staff in suit against press aide
Anwar Ibrahim's press secretary Tunku Nashrul Tunku Abaidah has also been told to issue a public apology to Muhammed Yusoff Rawther.
The Shah Alam Sessions Court has ordered an aide of Anwar Ibrahim to pay RM200,000 in damages to a former staff member of the PKR president, following a defamation suit over remarks related to an assault report against another of the politician's aides.
Tunku Nashrul Tunku Abaidah, Anwar's press secretary, was also ordered to issue a public apology to Muhammed Yusoff Rawther over his media statement in 2019, where he denied an assault incident which Yusoff claimed had taken place at Anwar's office.
Nashrul had also accused Yusoff of having disciplinary issues and drug problems.
The remarks were made in the wake of a police report lodged by Yusoff, claiming that he was physically attacked by Anwar's political secretary, Farhash Wafa Salvador Rizal Mubarak.
Yusoff also filed a separate civil suit against Farhash, claiming compensation for injuries sustained after the alleged assault.
Yusoff, who worked at Anwar’s bungalow office in Bukit Gasing, Petaling Jaya, as a research assistant, also filed a suit against the PKR president accusing him of sexually assaulting him some time in October 2018, days before the opposition leader won the Port Dickson by-election.
Yusoff claimed to have suffered serious physical, psychological and social trauma as a result of the incident. The case is still pending in court.
In his decision today, judge Ishak Bakri, who said the plaintiff had proven the case against the defendant, also slapped Nashrul with an injunction barring him from repeating the allegations against Yusoff.
Yusoff was represented by lawyer Haniff Khatri Abdulla. - Malaysia Now, 19/10/2022
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