Media Statement – 12/6/2025
Investigate Yusoff Rawther’s claim of being a Victim of Entrapment, and how do Malaysia compensate him for 9 months of pre-conviction detention only to be finally found NOT GUILTY?
Repeal all provisions in law that deny Bail – Restore to judges the jurisdiction to decide on Bail
An injustice for Yusoff Rawther, who has been held in remand for nine months because the law denies bail, walked out a free man not found guilty today after the High Court acquitted him of drug trafficking and the possession of two imitation pistols. The drug charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952(DDA] is punishable under Section 39B(2) of the same Act, which carries the death penalty, or alternatively the life sentence with whipping of not less than 12 lashes.
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….’.
Hence, persons accused of drug trafficking in Malaysia are denied Bail by law – and this means, the jurisdiction of the judges to hear bail applications, and even allow bail in appropriate cases are ousted by Parliament through law.
A person should be presumed innocent until the trial court finds him/her guilty. As such, no one should be subject to pre-conviction ‘punishment’. Criminal Najib Razak, walked around a free man, until the Federal Court affirmed his conviction and sentence, and only then was he sent to prison. Thus, the inconsistency, when some laws for some offence deny an accused the right to apply for bail, and let the court decide to grant bail or not.
Yusoff Rawther is not the only case of an innocent persons having to languish in detention, simply because they were accused for drug trafficking.
MADPET (Malaysians Against Death Penalty and Torture) reiterates some of the cases that were recently reported in 2025, that exemplifies the many who had to suffer months, sometimes even 4-5 years in detention, only to be found not guilty by court, and acquitted.
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.
Comparatively, Yusoff Rawther was lucky as he only had to suffer pre-conviction detention of about 9 months.
MADPET(Malaysians Against Death Penalty and Torture) calls for the repeal of provisions in law that deny Bail, and thus oust the jurisdiction of the Courts on matters of bail be forthwith repealed – so the power of hearing/determining matters concerning Bail be returned to the Judiciary, for only judges in any particular case have the ability to consider all relevant circumstances and make a just decision on the issue of Bail. Parliament, should never OUST this jurisdiction of the judiciary, by inclusion of bad provisions in law.
Will the Prime Minister, the Parliamentarians or the government now compensate Yusoff Rawther and the many others who had to suffer pre-conviction detentions (and the related sufferings) now that the court have determined that they are NOT GUILTY?
These arrest and detention of presumed innocent persons can affect their employment, their income generating activities, the loss of home, their families (including children) and other dependents. No amount of payment of monetary compensation can compensate this miscarriage of justice they suffered but at least some compensation would have been good. There is also the consequences of defamation of self and family members, which they are made to suffer until the Court finds them Not Guilty.
MADPET urges Malaysia to enact a law that provides for such victims of the administration of justice – for those arrested and detained but ultimately not even charged, or those found not guilty by Courts.
Victim Of Entrapment
Judge Datuk Muhammad Jamil Hussin in passing the judgment also said, that the two investigating officers failed to investigate Yusoff’s claim, made to the recording officer during detention, that he was a victim of entrapment by a certain individual. “The police officers had ample time to verify his statement but did not do so,” he said, adding that this had prejudiced the accused. (FMT, 12/6/2025)
The fact that the police did not investigate is unacceptable, more so when it a crime that carries the death penalty. The police need to be professional and do a thorough investigation, for if they did, they would have realized that an accused is not guilty, and Yusoff Rawther or other ‘innocent’ accused would not suffer pre-conviction detention for months/years only to be found not guilty in court.
In the case of Yusoff Rawther, as he sued our Prime Minister for sexual harassment/abuse, it becomes even more important to identify who ordered or put the drugs in his car. Many ‘suspect’ that the sitting Prime Minister may be involved, and thus a thorough investigation would identify the real perpetrators, and clear any our doubts about Anwar Ibrahim’s involvement.
It is so easy to get someone in trouble for a drug trafficking offence, as police/prosecutors many a time believe too fast that the fact that drugs was found in the accused car or home means that he/she is guilty. Other possibilities like entrapment by third parties must be also considered – more so in cases, where a police report or an assertion alleging entrapment was made.
MADPET calls for the repeal of all provisions in law that deny Bail – the jurisdiction of courts/judges with regard Bail must be restored;
MADPET also calls for an enactment of a Criminal Compensation Act, that will provide some compensations, amongst others, to persons arrested/remanded and then not charged, and for those who suffered pre-conviction detention to be found Not Guilty by Courts.
MADPET also call for the criminalization of failure by law enforcement to investigate seriously when police reports/complaints are made – for this failure also reduces public trust and confidence in law enforcement.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
See also MADPET’s earlier statement ‘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’ dated 8/6/2025
See also:-
No comments:
Post a Comment