AGC objects originating summons by Yusoff Rawther for bail application

KUALA LUMPUR: The Attorney-General’s Chamber (AGC) objected to an originating summons filed by a former research assistant of a politician against the Malaysian government over his bail application which was dismissed by the court.

Lawyer Muhammad Rafique Rashid Ali, representing Muhammed Yusoff Rawther, 31, who is currently held in Sungai Buloh prison while awaiting trial for allegedly trafficking 305g of cannabis, said the AGC had filed an affidavit in reply objecting to the application.

“During the case management today, we have been given the opportunity to respond to the affidavit before another case management on Jan 20, 2025,“ he told reporters when met after the proceeding before High Court Judge Datuk Wan Ahmad Farid Wan Salleh.

The proceeding was also attended by Federal Counsel Muhammad Muhairi Mohamed Noh, acting on behalf of the AGC.

Muhammad Rafique said the AGC also objected to his client’s application to refer the legal question of whether Section 41B of the Dangerous Drugs Act 1952 is constitutional or not to the Federal Court.

Deputy Public Prosecutor Mohd Sabri Othman, in referring to the affidavit by the Malaysian government, said any constitutional issue regarding Section 41B of the Dangerous Drugs Act should not be brought before the Civil High Court through an originating summon.

Instead, he said, it should be raised before the Criminal High Court which has the jurisdiction to determine the said issue.

“All the facts and evidence regarding the arrest of the plaintiff (Muhammed Yusoff) and the criminal charges against him will be submitted by the prosecution before the Criminal High Court which hears the case,“ he added.

Muhammed Yusoff, who filed the originating summons last Sept 27, is seeking a declaration that Section 41B of the Dangerous Drugs Act, which prevents the court from exercising its discretion in granting bail for drug trafficking charges, is invalid and unconstitutional.

He is also seeking an order that under Section 388 of the Code of Criminal Procedure, the court has the authority to grant him bail, and also an order that he is allowed to submit an application for bail pending the disposal of his case.

Muhammed Yusoff was charged in the Magistrate’s Court here last Sept 12 on a charge of trafficking 305 grams of cannabis, but no plea was recorded as the case is under the jurisdiction of the High Court.