A three-man bench at the Court of Appeal chaired by Court of Appeal President Md Raus Sharif allowed Chew Siang Chee’s appeal to set aside his conviction and 10-year jail sentence.
“We have deliberated on the submissions by both parties. We unanimously agree with Chee’s counsel, Hisyam Teh Poh Teik, that the ingredients of charges faced by Chee were not proven,” said Md Raus.
Also presiding on the panel were Court of Appeal judges Varghese George Varughese and Zamani A Rahim.
Chee, in dark blue coloured prison clothes, stood calmly in the dock listening to the decision. He appeared to be in a daze after the verdict was announced until informed by his counsel that he had been freed and that he could go home.
Chee’s family members, who were sitting in the public gallery, were seen in tears. His wife Ang Yah Ying, 38, was sobbing loudly at one point.
After the proceedings, a prison officer removed the handcuffs on Chee, who then went to his wife and embraced her and other family members before the prison officer led him out of the court to be brought to the Kajang Prison to settle paperwork before his release today.
Chee, 47, was sentenced by the Sessions Court in Kuala Lumpur to 10 years’ jail and six strokes of the rotan for the possession of a Walther pistol and another four years for the possession of a magazine and four live bullets.
He was ordered to serve the sentences consecutively.
Chee was found guilty of committing the offences at Desa Cindaimas condominium in Jalan Kuchai Lama at about 5.45pm on August 3, 2013.
The High Court on October 1 last year upheld Chee’s conviction and jail sentence but ordered him to serve his sentences concurrently from the date of his arrest on July 30, 2013.
Earlier, Hisyam submitted evidence showing that Chee had knowledge on the presence of the firearms in a post box, but the prosecution failed to prove that he had custody and control over the firearms as he (Chee) did not have the key to the post box.
Deputy public prosecutor Wan Shaharuddin Wan Ladin, who prosecuted, submitted that Chee had knowledge of the firearms and based on inference, he had custody and control of them.
Hussain Ahmad, 76, was shot dead, while his wife was seriously injured when they came out from the Kuan Yin Temple in Lorong Ceylon, Kuala Lumpur, on July 29, 2013.
– BERNAMA