Kota Kinabalu: A 37-year-old man, who was sentenced to 14 years’ jail two years ago for attempting to kill a foreign man with a shotgun in Sipitang, was freed from the charge on Tuesday.
Judicial Commissioner Amelati on Tuesday set aside the conviction of the offence under Section 307 of the Penal Code and the sentence imposed on Clarence Pudun James and discharged and acquitted him of the charge.
Clarence was appealing against his conviction and sentence on two counts of attempting to kill the man with a shotgun and having the said gun illegally.
The court allowed Clarence’s appeal in part.
On the offence of attempted murder, the court held that the court was with the appellant’s counsel that there was serious break in chain of evidence in regards to exhibit of two pellets affecting proof to the identity of the same exhibit.
There were also break of possession particularly in regard to exhibit of empty shotgun shell and the two pellets, said the court.
Amelati held that the missing vital link in the prosecution case was fatal and not curable and therefore the offence of attempted murder cannot be link to Clarence at all because of the missing vital link.
As to the second count of having the shotgun illegally, the court set aside the sentence of five years and substituted it with six months imprisonment.
The court affirmed the conviction of the charge under Section 8 of the Firearms Act, ruling that evidence have been adduced that Clarence was in possessions of the said shotgun.
Amelati held that she noted that the Sessions Court when passing the sentence had directed her mind that Clarence guilty of the attempt murder offence.
Having ruled that Clarence acquitted and discharge from the attempt murder offence and considered the submissions of both parties, the court held that the five years imprisonment appeared to be at the upper side of scale.
The record also showed that Clarence was a first time offender and did not have any conviction record at the time when the trial was concluded, the court said.
Clarence was on Nov 25, 2019 found guilty by the Sessions Court after a full trial of the cases.
He was sentenced to 14 years’ jail on the first count of firing three shots in an attempt to murder one Sardi Madjuri with a P. Beretta firearm at 4pm on May 27, 2018 around Samur area, Kg Long Kinangan, Sipitang.
On the second count, Clarence was jailed five years for having a P. Beretta shotgun and two bullets without licence at 8.10pm on May 27, 2018 in a house at the same village.
Clarence was ordered to serve the sentence concurrently.
The first count under Section 307 carries a jail term of up to 20 years while the second count framed under Section 8 of the Firearms Act 1960 provides a jail term of up to seven years or fine of up to RM10,000 or both on conviction.
Meanwhile, the court also granted the defence’s application for the shotgun to be return to its owner, who was Clarence’s father.
Clarence was represented by counsel Jacky Lettong while Deputy Public Prosecutor Rozanna Abdul Hadi appeared for the prosecution as respondent.
.jpg)
