PUTRAJAYA: The Court of Appeal today affirmed the acquittal of two men charged with trafficking in firearms five years ago.
A three-member bench, chaired by Yaacob Md Sam, said in their unanimous verdict that there was no appealable error by the High Court judge in his finding and decision.
“In our view, it is unsafe for the defence of the respondents to be called,” said Yaacob in dismissing the appeal.
The other two judges on the bench were Rhodzariah Bujang and Hanipah Farikullah.
Mohd Jairulnizam Mohd Nordin, 42, a lorry driver, was charged with three counts of trafficking in Harrington & Richardson shotguns belonging to Rela in Bagan Baru Ijok, Selama, Perak, between January and March, 2015.
Mohd Idris Mohd Yusof, 59, who is self-employed, was accused of trafficking in a Harrington & Richardson shotgun at Kampung Changkat Lobak, Bagan Serai, Perak, in April 2015.
The prosecution appealed for an order for the duo to enter their defence as it had established a prima facie case.
On Aug 6, 2018, the Taiping High Court acquitted Jairulnizam and Idris without calling on them to enter their defence on the charges.
They were charged under Section 7 of the Firearms Act (Increased Penalties) 1971, which gives the court the option to impose the death sentence or life imprisonment of up to 30 years, plus a minimum of six strokes of the rotan, if convicted.
The duo were represented by lawyer Ramkarpal Singh while deputy public prosecutor Mohd Zain Ibrahim appeared for the prosecution.