KOTA BHARU: A fruit seller was acquitted and discharged by the Sessions Court here on charges of unlawfully possessing firearms and ammunition.
Judge Zulkifli Abdullah ordered Mohd Haziman Hikamarhakimi, 38, to be freed after finding that the prosecution failed to establish a prima facie case against him at the end of their case.
He stated that the prosecution failed to prove that the firearms were in the possession and control of the accused, noting 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,” said the judge.
“Therefore, the accused is acquitted and discharged from both charges without being called to defend himself.”
On the first count, Mohd Haziman was charged with possession of an Italy-made Beretta Patented Gardone V.T. pistol and a 357 Magnum Cartridge Colt’s PT FA MFG CO Hartford Conn USA revolver with serial number V16140.
The alleged offence occurred at a house in Lot 365, Jalan Long Yunus, Kampung Tanjung Chat here at 11 pm 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 upon conviction.
He was also charged with possessing various types of ammunition without a valid license at the same location, time and date.
The ammunition included four 9MM Luger A USA rounds, nine 9MM Luger NRC rounds, five 9MM Thai Arms rounds, 18 357 Mag Ap rounds, one 357 Mag A USA round and one 9MM Luger PMC round.
This charge was framed under Section 8(a) of the Arms Act 1960, which provides imprisonment of up to seven years or a fine not exceeding 10,000 ringgit or both upon conviction.
The prosecution was conducted by Deputy Public Prosecutor Kamarul Hasyime Rosli.
Lawyer Datuk Geethan Ram Vincent represented the accused throughout the proceedings. – Bernama