Justice Radzi Harun held that the prosecution had failed to prove the charge under Section 3A of Firearms (Increased Penalties) Act against Amin Pauzi and Shafiq Sa’ari.

Amin and Shafiq were accused of being accomplices to one Nur Subhi Rakhzam in robbing a sundry shop owner at a house in Kampung Jaya Gading, Kuantan, on Nov 25, 2017.

According to the facts of the case, Subhi shot the shop owner, causing him to sustain injuries on the neck.

Amin and Shafiq were alleged to be at the scene, where they pushed the shop owner on the floor before he was shot.

Police arrested the trio and seized a .38 Smith Wesson, four live bullets, a handcuff, nine cartons of cigarettes, bullet casings and a mobile phone.

In acquitting the policemen today, the court held that there were contradicting testimonies from the shop owner and his wife on the whereabouts of Amin and Shafiq that night.

The court found that the outcome of the identification parade, which was attended by the couple and their two children, was inconsistent.

“The victim identified the main suspect along with Amin and Shafiq, while his wife could only identify Subhi and Shafiq.

“Their children said they could identify Amin and Subhi,” Radzi said.

The judge also questioned shortcomings in managing the firearms inventory at the Kuantan police headquarters.

He noted that Shafiq’s supervisor testified that Shafiq was on leave from Nov 24 to 30, 2017, while another witness, stationed at the firearms inventory, said he gave Shafiq 15 live bullets and a gun after Shafiq claimed he needed them for official duty.