KAJANG: An Israeli man has been sentenced to seven years in prison by the Sessions Court here after pleading guilty to two counts of firearms possession.
Sessions Court judge Mohd Zaki Mohd Salleh imposed the maximum sentence against Avitan Shalom, who admitted to a main charge and an alternative charge.
"After considering the accused's guilty plea and the severity of the offences, the court passes a seven-year imprisonment for each of the charges," Mohd Zaki said at the proceedings held at the Kajang Prison Complex on Wednesday (Feb 26).
The court ordered the prison time to run concurrently from the date of arrest, March 28, last year.
Following the court's directive, the accused's personal belongings—a passport, 14 credit cards, and four mobile phones—will be handed over to the prison in 14 days.
Earlier, Deputy Public Prosecutor Mohamad Mustaffa P Kunyalam informed the court that the accused submitted his third representation via his lawyer to the Attorney General's Chambers (AGC) on Feb 19, seeking an alternative charge for his original second charge, which carried a heavier sentence upon conviction.
The original second charge was for firearms trafficking under Section 7(1) of the Firearms (Increased Penalties) Act 1971, carrying imprisonment of between 30 and 40 years and with whipping of no less than six strokes, if convicted.
DPP Mohamad Mustaffa said the accused sought for the second charge to be amended to Section 8(a) of the Arms Act 1960, which carries a maximum seven years imprisonment.
"Following the representation, the AGC has responded with an agreement on Feb 20," he said.
Lawyer Datuk Naran Singh, representing Avitan, confirmed the third representation was sent after the first two were rejected by the AGC.
In his mitigation, Naran said that his client was an owner of a medical supplier company as well as real estate and cryptocurrency businesses in New York.
He said Avitan was married with a wife and three children aged nine, 10, and 16, all living in Israel.
"In the representation, the accused agreed to serve the seven-year prison sentence, which was to run concurrently from the date of arrest," Naran said.
DPP Mohamad Mustaffa, in his response, said the AGC did not object to the sentence running concurrently on grounds that the offences were committed at the same place and time.
"A maximum prison time is reasonable as firearms offence is serious and a threat to the security of the rakyat and the country," he said.
On April 12, 2024, the 39-year-old Israeli claimed trial to two firearms-related charges.
For the first charge, he was accused of having ammunition in his possession without a permit.
The ammunition included one Shell Shock NAS3 box containing eight bullets, three Bullet Master Co. Ltd. boxes containing 50 bullets each, and 42 bullets in three different firearms.
For the second alternative charge, Avitan is accused of possessing six firearms: 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.
Both charges were framed under Section 8(a) of the Arms Act 1960, carrying imprisonment of up to seven years or a fine of up to RM10,000 or both, if convicted.
The offences were committed at a hotel room along Jalan Ampang between 6.46pm on March 26 and 6pm on March 28, 2024.
After the proceedings ended, Naran told the press that his client was happy and satisfied with the court's decision.
Avitan will serve his sentence at the Kajang Prison.
