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Yusoff was reportedly charged under Section 39B 1 a of the Dangerous Drugs Act, which provides for a penalty on conviction of death or imprisonment for life and, if he is not sentenced to death, whipping of no fewer than 12 strokes. The alleged offence was committed on 9 September. Deputy public prosecutor Mohd Sabri Othman reportedly asked the court to set a mention date pending the results of the substances, which had been sent to the Chemistry Department to be analysed. How could a person be charged for a drug offence, even before the Chemistry Department could confirm that the substance was a dangerous drug? Worse, as the charge was drug trafficking, and the prosecution was most likely relying on the legal presumption, the weight of drugs is crucial in determining whether one is charged for the lesser offence of drug possession or the more serious offence of drug trafficking? Do the police or the prosecution have actual evidence of drug trafficking — or are they simply relying on the legal presumption? The stance of Malaysians Against Death Penalty and Torture Madpet is that no one should be ever charged in court unless prosecutors honestly believe they already have sufficient evidence needed to convince the court of the guilt of the accused beyond reasonable doubt. This is the principle that has long been accepted by the courts. 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. It is unjust because of the social stigma that immediately attaches to a person once he is charged in Court. He is deserted by his friends. His business is affected. His creditors close on him. His family is ashamed. He is mentally tormented awaiting trial. And last but not least, he has to incur the expense of engaging Counsel. There is no consolation in the fact that he may eventually be shown to be innocent of the charge. The damage has been done. This moved Judge Harun to action. Section 35 deals with the general supervisory and revisionary jurisdiction of High Court, which also states:. Madpet believes that Yusoff Rawther ought to be immediately discharged and released from detention. This must be done fast to end injustice. A discharge or discharge not amounting to an acquittal still allows the person to be re-charged later, if needed. In the Dangerous Drugs Act , there are legal presumptions that can cause great injustice, which really should be repealed. It is always better and safer to confirm through an independent investigation that Yusoff Rawther is really guilty. How easy is it for someone else to place drugs on the property of another, and call the police who comes and finds the drugs? Hence, it all depends on the weight of the drugs. How can there be confirmation if, according to the reported words of the deputy public prosecutor, they are still waiting for the analysis results from Chemistry Department? Madpet advocates for the repeal of such legal presumptions in dangerous drugs cases. The onus should be placed on prosecution to prove all the elements of the crime. The weight of the drugs alone should never be considered as evidence of drug trafficking. How many people who were truly not involved in any drug trafficking activity or were victimised by drugs found in their possession caused by others have been executed or are still languishing in prison? Madpet calls on any judge in the High Court to act fast in exercising their powers of revision to ensure that the injustice suffered by Yusoff Rawther is ended as soon as possible. In the case of Sabri Umar, a documented Indonesian migrant worker who was wrongfully detained , charged and convicted for being illegally in Malaysia, he had to suffer detention and imprisonment for almost four months and was wrongfully whipped five times before he was finally freed in July , thanks to High Court Judge Lim Hock Leng of the Tawau High Court, who exercised his revisionary powers. Facebook Instagram Telegram Twitter Youtube. Tuesday, 15 October Sign in. Privacy policy. Password recovery. Civil Society Voices. The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position. Support Aliran's work with an online donation. Scan this QR code using your mobile phone e-wallet or banking app:. Notify of. Newest Oldest Most Voted. Inline Feedbacks. Content may be reproduced without alteration but please attribute to aliran. Would love your thoughts, please comment.

Yusoff Rawther ought to be discharged as prosecution admits probe not yet completed – NGO

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