All MPs are GUILTY for the gross miscarriage of justice that befalls accused drug traffickers to wrongly languish in per-conviction detention for years(sometimes more than 4 years) and then found not guilty and acquitted. Parliament passed the law that denied BAIL, ousting the jurisdiction of judges from hearing and determining BAIL applications. When the most serious criminals like Najib Razak could wander FREE until their final appeal that confirms guilt resulting in prison sentences, there is no justification whatsoever for some charged of certain offences to be denied bail as they await completion of trial.
MPs cannot avoid GUILT for this miscarriage of justice simply by saying they had NO CHOICE but to follow party 'orders' or do as the party whip says - because as the end, MPs are peoples' representatives, who are expected to act independently to ensure that justice be done. Causing persons who are presumed to be innocent until proven guilty in court to languish in detention until trial is over and worse to be found not guilty is the CRIME of these MPs. MP cannot run away from BLAME for their decision and vote caused so much unnecessary suffering to persons and their families(including children) - WORSE, Malaysia still do not have laws that would partially compensate the wrong done to these people - still NO law to provide some COMPENSATION for these victims of the administration of justice > people detained until trial end, people arrested and subjected to remand detention who at the end of the day are not even charged...
Media Statement – 8/6/2025
Languishing In Detention For Years Without Right To Bail And Ultimately Being Found Not Guilty And Acquitted Of Drug Trafficking Charges Is Gross Injustice
Laws that deny bail must be repealed, and Judges discretion to allow or disallow Bail Must Be Restored
Yusoff Rawther’s case HIGHLIGHTS the draconian provision in Dangerous Drugs Act 1952[DDA], where the accused was denied bail by law. Yusoff Rawther was arrested on 6/9/2024 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 a week later under Section 39B of the Dangerous Drugs Act 1952, and he is in detention for already for about 9 months, and will continue to be in detention until trial is over, because the law says there is no bail.
Section 41B(1) of the DDA now states that ‘Bail shall not be granted to an accused person charged with an offence under this Act – (a) where the offence is punishable with death; or….’. The 39B Drug Trafficking offence carries the sentence of death OR life imprisonment, and as such BAIL, by law, cannot be granted.
It must be noted that in Malaysia, even for those charged with more serious offences like murder have been in some cases allowed bail. But, for drug trafficking, the law says ‘‘bail shall not be granted to an accused person...’ Parliament decided, not judges, that they will not be released on bail.
Judges must be trusted to consider all relevant factors in particular cases in making a decision to grant bail or not. Parliament should not enact laws that oust the jurisdiction of judges to decide on bail.
Hence, Parliament has wrongly encroached into the powers of judges, who ought to be the only person/s who decide on whether an accused person is granted bail or not. This is also consistent with the legal presumption of innocence until proven guilty in a fair trial. The presumption of innocence is a key component of fair trial rights, as outlined in Article 11 of the Universal Declaration of Human Rights.
GROSS MISCARRIAGE OF JUSTICE occurs when those accused of drug trafficking who have to unjustly languish in prison as pre-conviction prisoners is ultimately found not guilty by court, and acquitted. They end up wasting years of their life, sometimes even more than 4 years in pre-conviction detention before being acquitted, and in Malaysia, there is still no compensation law for such unjust pre-conviction incarceration of those finally found not guilty by Court.
In 2025, it has been reported that many who were accused of drug trafficking have been found not guilty and acquitted. ‘…The trio, previously livestock breeders, had been charged with trafficking 6.2kg of methamphetamine and possessing 58.68 litres of liquid containing methamphetamine in 2019… the trial, which began in 2023.’(NST, 6/3/2025). This meant that they suffered unjustly about 6 years of pre-conviction detention.
‘…two men who escaped the gallows after the Johor Baru High Court acquitted and discharged them of a drug trafficking charge… accused of committing the offence using a boat near a homestay at Telok Sengat, Kota Tinggi on May 22, 2020… "I hereby acquit and discharge both accused," Kan[High Court Judge Kan Weng Hin] said at the High Court here on Friday (March 14)…’ (The Star, 14/3/2025). Here they suffered almost 5 years unjustly detention.
A security guard and his girlfriend was today acquitted by the High Court of three drug trafficking and possession charges four years ago. They had allegedly committed the offences at 10.30pm at an apartment in Petaling Jaya on March 22,2021. (NST, 12/2/2025). Here, it was almost 4 years.
A man was acquitted and discharged by the Court of Appeal of a charge of trafficking in 151.60gm of methamphetamine… On May 10 last year, the Shah Alam High Court sentenced Wan Efizan, 37, to 30 years in prison and 12 strokes of the cane after finding him guilty of trafficking in methamphetamine… The offences were allegedly committed at a house in Taman Sri Bayu, Sungai Pelek, Sepang, Selangor, about 10.30am on May 2, 2020.(FMT, 21/5/2025)
MADPET(Malaysians Against Death Penalty and Torture) is appalled that generally, the trials of those who are languishing in prison is not expedited. In one of the abovementioned case, it was shown that despite being arrested and charged in 2019, the trial only began in 2023. MADPET calls for the trial of all those in pre-conviction detention be expedited, and should be finished fast, preferably in not more than 3 – 6 months, as it is a gross injustice for those presumed innocent to be denied a speedy trial which will determine guilt or innocence. We do not want any innocent person to suffer any prolonged pre-trial pre-conviction punishment.
In mid-2024, remand prisoners or pre-trial/conviction prisoners made up 33.6% of the total prison population, according to the World Prison Brief. This figure highlights the considerable number of people in Malaysian prisons who are awaiting trial, which is about 30,000 or more. Imprisonment should be just for those who are guilty of crimes, and have been sentenced by court – certainly not for those who have yet to be tried and convicted.
Some are because they cannot afford to post BAIL, and this is because of poverty. Some are there because their application for Bail was denied by judges/courts, but at least they had the right to apply for Bail, and the courts have considered the application and rejected it. Some, again the poor, may have never even applied because they ‘believed’ that even if they get Bail, they would not be able to raise the Bail amount.
The most unacceptable and unjust is when Parliament passes laws that deny the accused persons the right to bail, and oust the jurisdiction of the Courts to consider and determine bail application for certain offences. Such laws like section 41B DDA must be repealed, and the right to bail and court’s jurisdiction to determine bail must be restored.
Whether bail is granted depends on the particular accused and the circumstances of the case, and only the judge/court will be able to consider all relevant factors in coming to just decision on bail applications in any particular case. In granting bail, the courts can also impose various conditions including the prevention of travel overseas, regular reporting at the nearest police station, and even possibly the use of electronic monitoring devices, etc – thus making bail just.
In the case of Yusoff Rawther, doubts arise whether this drug trafficking charge could be some sort of ‘retaliation’ by reason of his pending civil suit against Prime Minister Anwar Ibrahim for sexual harassment. Are there even any actual evidence to reasonably say that he committed the crime – noting that finding of drugs even in his car may no longer be sufficient as any third party could have placed drugs in your place/car and reported it to put you in trouble.
In a recent court decision that led to an acquittal, "The discovery of drugs at the premises is not sufficient to link the first accused to control or possession of the illegal substances. There is also no evidence proving who placed the drugs there or when," . (NST, 6/3/2025).
A pre-conviction detention by reason of denial of bail can result on loss of employment or income generating activities, and will also impact the family, children and dependents – it does not just cause injustice to the accused, but many others – worse when they are ultimately found not guilty and acquitted by court.
MADPET calls for draconian provisions in the Dangerous Drugs Act 1952, and other laws including SOSMA (Security Offences (Special Measures) Act) be repealed, and the right to apply for Bail be restored for all. Judges/Courts right to hear and determine bail application be restored.
Pre-conviction detentions without right to apply or afford bail, followed by delayed trial has possibly resulted in many a innocent persons pleading guilty to crimes they did not commit simply to have certainty that they will be free to continue on with life after serving whatever sentence. This creates an injustice that Malaysia needs to eradicate.
The trials of any accused of persons in detention because they did not get bail or could not afford bail must be prioritized and expedited to end as fast as possible within a few months. This is possible because in law, prosecution will only charge anyone when they believe they already have sufficient evidence to convince the court that the accused is guilty beyond reasonable doubt – hence no reason to delay trials. No one wants anyone to suffer pre-trial pre-conviction punishment.
If the prosecution and/or courts need more time to start and end trials, all such accused persons ought to be DISCHARGED not amounting to acquittal (DNAA), for they call always be re-charged later when prosecution is ready to start and speedily end trials. This was done in the case of Deputy Prime Minister Zahid Hamidi, and it is a viable solution reduce numbers of pre-trial detainees in Malaysian prisons.
Only persons who have proven guilty, convicted and sentenced should suffer imprisonment or punishment. This was also the sentiment expressed by Prime Minister Anwar Ibrahim in his speech during the 25th SUHAKAM anniversary when he said “…Before a sentence is passed, suspects should not be punished beforehand,” (BERNAMA, 9/9/2024).
As such, Malaysia must strive to end pre-trial pre-conviction detention, and one of first things that must be to restore the right to apply for BAIL for all CRIMES, which the judges will consider and decide based on each case taking into consideration all relevant factors, appreciating that accused persons ought to be presumed innocent until the court hears and finds them guilty as charged.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
High Court acquits three men of drug trafficking charges
JOHOR BARU: The High Court today acquitted and discharged three men of drug trafficking and possession charges after ruling that the prosecution failed to establish a prima facie case against them.
Justice Datuk Abu Bakar Katar found that the prosecution's case was insufficient to prove that S. Purusothaman, 42, K. Puvanisveran, 58, and R. Viknesh, 39, had control or custody of the drugs found at the crime scene in Mersing in 2019.
In his judgment, the court noted that the red building and plantation where the drugs were discovered were accessible to others, and prosecution witnesses confirmed this.
"The discovery of drugs at the premises is not sufficient to link the first accused to control or possession of the illegal substances. There is also no evidence proving who placed the drugs there or when," he said.
The judge also said that the presence of a key alone was inadequate to implicate the second accused.
"The prosecution has failed to prove that all three accused had control or possession of the drugs, which is central to both charges," he added.
As a result, the court ordered all three accused to be released without their defence being called.
The trio, previously livestock breeders, had been charged with trafficking 6.2kg of methamphetamine and possessing 58.68 litres of liquid containing methamphetamine in 2019.
They were charged under Section 39B(1)(A) of the Dangerous Drugs Act (DDA) 1952, which carries the mandatory death penalty or life imprisonment with at least 12 strokes of the cane if convicted.
Seven prosecution witnesses testified during the trial, which began in 2023. - NST, 6/3/2025
Two acquitted of drug trafficking charge
JOHOR BARU: It is a special Ramadan for two men who escaped the gallows after the Johor Baru High Court acquitted and discharged them of a drug trafficking charge.
Muhammad Aufa Bonadi, 28, and Abbas Ahmad, 35, walked out of the court after judge Kan Weng Hin ruled that the prosecution had failed to prove a prima facie case against them.
The duo were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 for allegedly distributing about 32kg of methamphetamine.
They were accused of committing the offence using a boat near a homestay at Telok Sengat, Kota Tinggi on May 22, 2020.
In his remarks, Kan said there was no nexus between the boat and the two accused.
He said the homestay was rented to an Indonesian in March while the two accused rented it in May.
"The boat had been left in an open space since around March 18, just before the Covid-19 movement control order was imposed.
“Anyone could have had access to the boat as it had been left there for two months,” he said, adding there was also no evidence that the two accused were in the area.
Kan also cited several other grounds for his judgment, including the prosecution's failure to identify and retrieve information from three confiscated phones.
"Based on the maximum evaluation of the evidence and testimonies that I have heard, I find that the prosecution has failed to establish a prima facie case against the two accused.
"I hereby acquit and discharge both accused," Kan said at the High Court here on Friday (March 14).
Muhammad Aufa was represented by lawyer Fairuz Elias Majid while Abbas was represented by Datin Freda Sabapathy and K. Sarawana Kumar.
Deputy Public Prosecutor Umar Faiz Kohar prosecuted the case. Star, 14/3/2025
Couple acquitted of drug charges
SHAH ALAM: A security guard and his girlfriend was today acquitted by the High Court of three drug trafficking and possession charges four years ago.
Judge Datuk Norsharidah Awang, in her judgment, said the prosecution had failed to prove a prime facie case against B.Pirabagaran,25, and Azmeliza Amilhamja,30, at the end of prosecution's case.
"The prosecution failed to prove the control, care and knowledge of both accused on the said drugs.
"This is because the drugs were found in a sling bag on the floor at the place of the incident. They were arrested elsewhere and then brought to the location.
"The apartment (said to be their house) had card access but it could not be proven how many there were and who had entered and exited.
"With this, both accused are discharged and acquitted," she said.
The couple were jointly charged with trafficking 81.01 grammes of methamphetamine, an offence under Section 39(1)(a) of the Dangerous Drugs Act punishable under Section 39B(2) , read with Section 34 of the Penal Code.
It carries the death penalty or life imprisonment and up to 15 lashes if not sentenced to death upon conviction.
They were also charged with possessing 4.29 grammes of heroine and 0.47 grammes of monoacetylmorphine, an offence under Section 12 (2) of the Act punishable under Section 39A(1), read with Section 34 of the Code.
They were also accused of possessing 5.39 grammes of flualprazolam, an offence under the Section 30(3) of the Poisons Act.
They had allegedly committed the offences at 10.30pm at an apartment in Petaling Jaya on March 22,2021.
Deputy public prosecutor Norhashimah Hashim prosecuted while lawyers Navin Punj and Amarpreet Singh acted for the accused.NST, 12/2/2025
About 30,000, not yet tried and convicted, are in Malaysia’s overcrowded prisons of about 76,336 inmates
by Charles Hector, for and on behalf of MADPET (Malaysians Against Death Penalty and Torture)
In mid-2021, about 41.7 per cent of persons in Malaysian prisons are yet to be tried, convicted and sentenced, according to World Prison Brief, which obtained information from Malaysian government sources.
They are called ‘Pre-trial detainees/remand prisoners’, and this means they are innocent.
As stated in Article 11(1) Universal Declaration of Human Rights, which reads, “Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”
The Malaysian Prison Department disclosed prisons on 3 February that the inmates in Malaysian prisons are packed to overflowing. The department said the number of inmates in prisons nationwide exceeds its current maximum capacity of 4,200 by 36 per cent. This rate is based on international regulations.
“Measures to reduce congestion will continue with the cooperation of various agencies that will also focus on reducing the number of remand prisoners,”(Malay Mail, 3/2/2023)
In October 2022, Prison Department director-general Nordin Muhamad revealed that there were a total of 82,539 prison inmates and of that number, 76,336 were in prison, while 6,203 had been placed in the community rehabilitation programmes. (11/10/2022, FMT)
Prison overcrowding will be resolved if the majority of these per-trial/remand detainees are released on bail pending the end of trial. Most of these are the poor, who simply cannot afford bail.
Denial of bail for serious crimes like murder may be justifiable. Statutory denial of bail by laws like for all SOSMA listed offences must also end, and let judges decided on bail. Lesser offences not resulting in death or grievous bodily harm should be entitled to bail.
About 30,000 innocent persons in Malaysian Prisons
If there are 75,000 in prison, that will mean that about 40 per cent (or 30,000) are inmates that have yet to be tried, convicted and sentenced.
Poverty is one of key reasons, why they are yet to be tried and found guilty and are kept in prison. They simply cannot afford to post bail, as they have no acquaintance or family member that is rich enough and willing to place the bail sum that could be thousands of Ringgit in court. The surety who places the bail money simply would not be able to use this money until the trial is over, and many a poor simply cannot afford to post bail, if it means that they will not be able to have access to them even in times of need.
The rich, like the Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi is out on a RM2 million bail whilst his criminal trial proceeds, but many a poor person simply cannot even raise the bail amount, let alone fine sureties willing to post bail sums of thousands of Ringgit.
In Thailand, with the passing of the Justice Fund Act, B.E. 2558 (2015), there is now legal assistance provided by the government made available to low-income people so that they can have proper legal defence in court and could be released immediately on bail whilst awaiting their trial to end.
Between 1 October 2021 and 31 March 2022, this fund approved THB190 million to help low-income people related to lawsuits against them … helped 1,425 people fight legal cases in court …also provided money to help 473 people offer financial guarantee for release on bail …’(Nation, 15/4/2022)
MADPET (Malaysians Against Death Penalty and Torture) calls on Malaysia to consider and set up a similar fund that will give the poor access to monies that can be used for bail, so that they no longer need to languish in prison until the court decides after trial whether they are guilty or not.
Expedite Trials of the about 30,000 pre-trial/remand detainees
Remember that these are persons that did not plead guilty and demanded trial. If they are to be remanded until end of trial, these trials must be expedited and targeted to end within 3 months or sooner – noting that after trial, they may be found not guilty. As it is now, Malaysia still does not have a Criminal Compensation Act, that will compensate the innocent victims for the detention and suffering endured until the court finds them not guilty.
Gross injustice when the innocent ends up being convicted/sentenced
It must be acknowledged that many innocent persons, especially the poor, do plead guilty so that they can serve their sentence and move on with their life.
The reason could be poverty and the fact that if they do not plead guilty, they will still end up as pre-trial/remand detainees in prison for an undefined period, for no one knows when their trial will proceed and end. It is sad that many may be in prison for a term longer than the sentence imposed if they plead guilty fast. There is a loss of faith in the criminal administration of justice.
As trials are delayed, many innocent pre-trial/remand detainees in prison may still end up pleading guilty, because of delays in the trial. They choose to abandon their quest for justice, which they had hoped to get from a fair trial.
The problem, thus, may be with the courts—the inadequacy of judges and courts to ensure speedy trial. MADPET calls for an increase of judges and courts, so that we can speedily reduce the pre-trial/remand detainees in prison to at least less than 5 per centum of the total prison inmate population.
Programs to reduce the prison population in Malaysia to date seems to impact only the convicted serving their sentence, not the pre-trial/remand detainees in prison.
The initiatives implemented since 2008, such as the parole system, compulsory attendance order, resident reintegration programme, licenced prisoner release, community rehabilitation programmes and several other programmes could reduce overcrowding in prisons across the country, are really for the prisoners, already convicted serving their sentence.
Provide lawyers to all pre-trial/remand detainees
The Malaysian government did not provide legal aid for suspects and accused in criminal cases until about 2012, and thus the Malaysian Bar, with its own funds and lawyers filled this gap.
Only since 2012, through the Yayasan Bantuan Guaman Kebangsaan(National Legal Aid Foundation, “YBGK”) scheme, did the government step in to provide financial payments for lawyers providing legal aid for criminal matters. However, foreigners are generally still excluded, and they can only still rely on the Malaysian Bar Legal Aid lawyers or lawyers who come in on their own to act pro bono or with minimal fees.
Noting that many of the pre-trial/remand detainees in prison today are foreigners, MADPET calls on the Malaysian government to provide legal aid lawyers for all, as this is also to help expedite and ensure a fair trial.
The major problem with the overcrowding in prisons is the large percentage of pre-trial/remand detainees, and on an urgent basis, Malaysia must expedite trials, and take steps to reduce the number of pre-trial/remand detainees.
Maybe, courts should review the bail amounts and conditions of all pre-trial/remand detainees, and the government should assist even financially to ensure that no innocent person languishes in prison before they are tried, convicted and sentenced. Even former Malaysian Prime Minister Najib Razak was allowed out on bail after his conviction until the end of the final Federal Court appeal. - TOC, 8/2/2023
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