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By Dorcas Ting
KUCHING, Aug 28: The Court of Appeal unanimously dismissed an appeal by the public prosecutor against a ruling that a police corporal be acquitted and discharged from two counts of charges under Section 8(a) of the Arms Act 1960.
Bukhari Mohamad Rajuna, 38, was ordered to be acquitted and discharged from two counts of charges under Section 8(a) of the Arms Act 1960 by Sri Aman Magistrate’s Court and the decision was affirmed by Sri Aman High Court.
However, the public prosecutor appealed against the said sentence before the Court of Appeal.
The Court of Appeal three-man bench comprising Dato’ Zabariah Mohd Yusof, Dato’ Suraya Othman, and Datuk Wira Kamaludin Md Said reaffirmed the decision of the Magistrate’s Court and High Court.
The judges ruled that the prosecution failed to prove the respondent had physical control over the firearm seized and that evidence was based on hearsay.
The respondent, Bukhari was charged with unlawfully possessing a homemade revolver and four bullets at about 3.10pm on November 16, 2015, at a rented house in Jalan Bayu, Sri Aman.
He was charged under Section 8(a) of the Arms Act 1960 which is punishable under Section 8 of the same Act.
The respondent was represented by Counsels Steven Beti and Gerald Donald, whereas the appellant was represented by DPP Tengku Intan Suraya. — DayakDaily