KOTA BARU: A fruit seller was acquitted and discharged by the Sessions Court here Sunday (Sept 21) on charges of unlawful possessing firearms and ammunition.
Judge Zulkifli Abllah ordered Mohd Haziman Hikamarhakimi, 38, to be freed after finding that the prosecution failed to establish a prima facie case against the accused at the end of the prosecution's case.
He said the prosecution failed to prove that the firearms were in the possession and control of the accused, and there were discrepancies between the testimony of the investigating officer and the arresting officer.
"As such, I hereby decide that the prosecution failed to prove a prima facie case against the substance of both charges. Therefore, the accused is acquitted and discharged from both charges without being called to defend himself," said the judge.
On the first count, Mohd Haziman was charged with possession of an Italian-made Beretta Patented Gardone VT pistol and a 357 Magnum Cartridge Colt's PT FA MFG CO Hartford Conn USA revolver with serial number V16140 at a house in Lot 365, Jalan Long Yunus, Kampung Tanjung Chat here at 11pm on March 12, 2024.
The charge was brought under Section 8 of the Firearms (Increased Penalties) Act 1971, which provides for a maximum prison sentence of 14 years and six strokes of the cane, if convicted.
He was also charged with possessing various types of ammunition without a valid license, namely four 9MM Luger A USA ammunition, nine 9MM Luger NRC ammunition, five 9MM Thai Arms ammunition, 18 357 Mag Ap ammunition, one 357 Mag A USA ammunition and one 9MM Luger PMC ammunition at the same location, time and date.
The charge, framed under Section 8(a) of the Arms Act 1960, provides imprisonment of up to seven years or a fine not exceeding RM10,000 or both, if convicted.
The prosecution was conducted by Deputy Public Prosecutor Kamarul Hasyime Rosli, while lawyer Datuk Geethan Ram Vincent represented the accused. - Bernama
