It was an injustice for Yusoff Rawther, who had been held in remand for nine months because the law denies bail but walked out a free man after being found not guilty today when 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 a life sentence with whipping of not less than 12 lashes.
Section 41B(1) of the DDA now states:
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, those accused of drug trafficking in Malaysia are denied bail by law – and this means the jurisdiction of judges to hear bail applications and even allow bail in appropriate cases is ousted by Parliament through law.
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A person should be presumed innocent until the trial court finds him or 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 whether to grant bail or not.
Yusoff Rawther is not the only case of an innocent person having to languish in detention simply because they were accused of drug trafficking.
Malaysians Against Death Penalty and Torture (Madpet) reiterates some of the cases that were recently reported in 2025 that exemplify the many who had to suffer months, sometimes even four to five 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. – New Straits Times, 6 March 2025
This meant they suffered unjustly about six 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 (14 March)… – The Star, 14 March 2025
Here they suffered almost five years of unjust 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. – New Straits Times, 12 February 2025
Here, it was almost four years.
Yusoff Rawther, by comparison, was lucky as he only had to suffer pre-conviction detention of about nine months.
Madpet calls for the repeal of provisions in law that deny Bail, and thus oust the jurisdiction of the courts on matters of bail to be forthwith repealed – so the power of hearing or determining matters concerning bail can be returned to the judiciary. 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 the inclusion of bad provisions in law.
Will the prime minister, parliamentarians or the government now compensate Yusoff Rawther and the many others who had to suffer pre-conviction detentions (and the related suffering) now that the court has determined they are not guilty?
The arrest and detention of presumed innocent individuals can affect their employment, their income-generating activities, the loss of homes, their families (including children) and other dependents. No amount of monetary compensation can compensate for the miscarriage of justice they suffered but at least some compensation would be good. There are 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. – Free Malaysia Today, 12 June 2025)
The fact that the police did not investigate is unacceptable, especially when it is a crime that carries the death penalty. The police need to be professional and do a thorough investigation. If they had, they would have realised that the accused was not guilty, and Yusoff Rawther or other ‘innocent’ accused would not suffer pre-conviction detention for months or years only to be found not guilty in court.
In the case of Yusoff Rawther, as he sued our prime minister for alleged sexual harassment or abuse, it becomes even more important to identify who ordered or put the drugs in his car. … A thorough investigation would identify the real perpetrators and clear up any of our doubts….
It is so easy to get someone in trouble for a drug trafficking offence, as the police or prosecutors often believe too quickly that the fact that drugs were found in the accused person’s car or home means he or she is guilty. Other possibilities like entrapment by third parties must be also considered – especially 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 or judges with regard to bail must be restored.
Madpet also calls for the enactment of a criminal compensation act that will provide some compensation, amongst others, to people arrested or remanded and then not charged, and for those who suffered pre-conviction detention only to be found not guilty by courts.
Madpet also calls for the criminalisation of failure by law enforcement to investigate seriously when police reports or complaints are made – for this failure also reduces public trust and confidence in law enforcement.
Charles Hector issued this statement on behalf of Malaysians Against Death Penalty and Torture (Madpet).
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