KUALA LUMPUR: The High Court has set Feb 28 for the hearing of Israeli national Avitan Shalom’s application to stay the Sessions Court proceedings, pending the appointment of a certified Hebrew interpreter.
Judge K. Muniandy fixed the date after Avitan’s lawyer Muhamad Aiman Haziq informed the court that the interpreter in the previous proceedings could not speak Hebrew.
"We believe this application will not prejudice the prosecution case. We also want it to be on record that our application is not malicious and is not an attempt to postpone the trial.
"Our application is based on a specific ruling by the Sessions Court judge on Jan 7, who had ruled that the trial would proceed regardless of an interpreter and in English if there is no Hebrew interpreter,” he said adding that the defence had filed the application on Jan 9.
Aiman contended that the absence of a Hebrew interpreter in the trial poses a serious concern, as it violates Articles 5 and 8 of the Federal Constitution and Section 270 of the Criminal Procedure Code.
"In fact, we have sent a letter to the Palace of Justice (Putrajaya) informing that Dr Chew Kai Mun is a qualified Hebrew interpreter who can assist in the trial and we have made an inquiry,” said the lawyer.
However, Deputy Public Prosecutor (DPP) V. Suloshani Vijendran objected to the application, arguing that the Sessions Court had already postponed the trial and therefore it should be struck out.
DPP Rullizah Abdul Majid then noted that the matter is now moot as the initial trial dates have been vacated, with case management scheduled for Feb 14.
"We were informed that an interpreter was available, but they were never brought into open court. Nothing was read, and the interpreter never spoke to the accused. Therefore, I am unclear as to why the counsel is claiming that the interpreter was unqualified.
"We object to the granting of a stay, as there is no need for it at this juncture. The court has been mindful of the situation and has given us ample time to secure the appropriate interpreter to resolve all issues.
"This application should be struck out, and should the trial proceed without a Hebrew interpreter, the lawyer is at liberty to file a new application," said Suloshani.
On Jan 13, Sessions Court Judge Norina Zainol Abidin allowed the adjournment and set Feb 14 for the case management.
She also vacated the initial dates set for the hearing from Jan 6 to 9, Jan 13 to 16, and Jan 20 to 23.
Avitan is charged with possessing a box of Shell Shock NAS3 9mm containing eight bullets, three boxes of Bullet Master Co Ltd with 150 bullets, and 42 bullets in three different weapons without a licence or weapons permit.
The charge, under Section 8(a) of the Arms Act 1960, carries a prison sentence of up to seven years or a fine not exceeding RM10,000 or both upon conviction.
He is also charged with trafficking six firearms, namely a Glock 19 USA 9x19, Sig Sauer P3205P, Cougar 8000FT, Glock 17 Gen4 Austria 9x19, M&P 9C Smith & Wesson Springfield MA USA, and Stoeger Cougar 8000F.
The charge, under Section 7(1) of the Firearms (Increased Penalties) Act 1971, provides for an imprisonment of up to 40 years and a minimum of six strokes of the cane upon conviction.
Both offences were allegedly committed in a hotel room in Jalan Ampang between 6.46 pm on March 26 and 6 pm on March 28 last year. - Bernama
