Ex-research assistant wants ‘no bail’ rule in drug law declared unconstitutional

 

Yusoff Rawther was charged in the Kuala Lumpur magistrates’ court on Sept 12 with trafficking 305g of cannabis.

PETALING JAYA: 

Former research assistant Yusoff Rawther has filed an originating summons seeking a declaration that Section 41B of the Dangerous Drugs Act 1952 is unconstitutional, says his lawyer.

Rafique Rashid Ali said his client is in Sungai Buloh prison while awaiting trial on charges under Section 39B(1)(a) of the Act.

It is well known that there is no bail for drug distribution cases as bail is prohibited under Section 41B of the same Act,

 he said in a statement.

This creates injustice in certain circumstances, especially when a defendant has a meritorious defence or special circumstances requiring bail consideration.

Section 41B stipulates that no bail shall be granted for certain drug-related offences.

Those accused of the crime under provisions such as Section 39B cannot secure bail due to the severity of the charges.

Rafique said Yusoff today received sealed copies of documents filed, including the originating summons dated Sept 27 and supporting affidavits.

“Through the originating summons, Yusoff Rawther is seeking an order to declare Section 41B of the Dangerous Drugs Act 1952 as unconstitutional as it limits the existing powers of the court in deliberating or granting bail.

The originating summons also intends to submit to the court extenuating circumstances faced by or related to Yusoff, that require bail being considered,

 he said.

Rafique added the court has set Oct 23 for case management.

On Sept 12, Ysuoff was charged in the Kuala Lumpur magistrates’ court with trafficking 305g of cannabis, which was framed under the Dangerous Drugs Act.

He was accused of trafficking the drugs at a car park in front of the Kuala Lumpur police headquarters at 10.15am on Sept 6. No plea was recorded.

Rafique, however, said he would be applying for bail for his client, citing security concerns. - FMT