SHAH ALAM: An office boy, who was found guilty last year of carrying a 9cm Rambo knife in public, today won his appeal when the High Court set aside his six-year jail term.
Judge Ab Karim Ab Rahman said the conviction of V Goby was not safe due to conflicting evidence given by the arresting officer and a policeman during the alleged incident.
“The officer told the court one of his subordinates took possession of the knife from the accused.
“However, when the policeman took the stand, he did not allude to this evidence given by his superior,” the judge said.
Karim, however, said it was not in dispute that the alleged incident happened in a public space.
Senior lawyer Sulaiman Abdullah, assisted by Ramesh Sivakumar, represented Goby on a pro bono basis.
Sulaiman had argued that the location where the accused was arrested was not a public space due to the fact that it was an enclosed area.
Goby, 36, was charged with unlawfully carrying the knife, an offensive weapon, at a snooker centre in Taman Serdang Raya in Seri Kembangan on April 17, 2017.
He was charged under Section 6 of the Corrosive and Explosive Substances and Offensive Weapons Act 1958.
Those found guilty must be sentenced to a minimum of five years and a maximum of 10 years’ jail, plus whipping.
On July 31 last year, Sessions Court judge Norshila Kamaruddin sentenced him to six years’ imprisonment
She also refused a stay of execution, resulting in him spending the first two months in jail.
He finally came out of prison when the High Court allowed the stay on condition he posted bail of RM7,000.