Kota Kinabalu: A 44-year-old mechanic, currently serving five years’ jail on 14 charges under Arms Act, was on Monday sentenced to seven years’ jail and ordered given six lashes of the cane by the High Court here, Monday, for unlawfully having three air rifles in Ranau four years ago.
Elbino Djusni pleaded guilty before Judge Christopher Chin to the amended charge under Section 8 of the Firearms Act (Increased Penalty) 1971.
Elbino admitted to committing the offence at 2.30am on Aug 6, 2019 in a house at Kg Kinarotuan.
The amended charge, which carries a jail term of up to 14 years and whipping of not less than six times on conviction, was tendered by the prosecution on Monday and initially fixed for the trial of Elbino’s original charge of trafficking the firearms.
The original charge under Section 7(1) of the Firearms Act (Increased Penalties) 1971 carries a life imprisonment or death sentence, and whipping of at least six strokes of the cane, on conviction.
In meting out the decision, Chin held: “Public interest and the need for a deterrent sentence is important because the strict laws in relation to firearms in Malaysia is to protect the public so that we do not degenerate to the level in other countries where ownership of firearms is liberal and has resulted in unnecessary and unwarranted killings.
“What underlines the society with liberal firearms law is that there is a real risk for public order and the rule of law to collapse and instead be governed by force,” he said.
The judge noted the circumstances of the present case where Elbino was a first time offender, had pleaded guilty and sentenced by the Ranau Magistrate’s Court to five years’ jail in relation to charges which form the same transaction as Monday’s case.
Elbino was ordered to serve the jail sentence from the date of his arrest on Aug 6, 2019 and to run concurrently with his present jail term.
Earlier, Deputy Public Prosecutor (DPP) Afiq Agoes in presenting the facts of the case, informed the court that on the said day a police team raided the house and found Elbino in one of the rooms on the top floor of the house.
The police inspected the room and found a number of various bullets and firearms inside, the court heard.
The police also found a number of homemade guns (Bakakuk), air rifles, marbles and various types of hand tools believed to be used for the manufacture of homemade guns in a store behind the house led by Elbino, said the prosecution.
The court heard that all the seized items have been sent to the Weapons Division of the Department of Strategic Resources and Technology at Police Headquarters here for testing and that the three air rifles stated in the charge were found to be functioning properly.
Counsel Kimberly Ye, who was representing Elbino together with counsel Chen Wen Jye, requested for a lower imprisonment sentence of five years as he was a first time offender, remorseful of his action and had pleaded guilty at the first instance once the amended charge read to him.
The counsel also applied for the sentence to run from the date of his arrest on Aug 8, 2019 and concurrently with his present jail sentence imposed by the Ranau’s Magistrate’s Court after he pleaded guilty at his earliest opportunity to 14 charges – 10 counts under Arms Act 1960 and four counts under Section 36 of the same Act.
The prosecution applied for an adequate sentence to be imposed on the grounds, among others, that it was a serious offence and that Elbino has been charged with 15 different charges.
The court was informed that 14 of the charges were heard in Ranau Magistrate’s Court on Jan 25, this year, where Elbino was sentenced to five years’ jail for each of 10 counts under Section 8(a) of the Arms Act and one year jail each on four charges under Section 36 of the same Act, which were all ordered to run concurrently from the date of his arrest.
Meanwhile, Elbino’s father, Djusni Bonggo, who was charged with trafficking firearms, was given a discharge not amounting to an acquittal (DNAA) of the charge.
Chin made the order on Djusni after the prosecution applied for Djusni to be DNAA.
The prosecution informed the court that the representation letter sent by Djusni’s counsel had been accepted and that it resulted in the charge against him being withdrawn.
Farmer Djusni, 65, was accused of trafficking four bakakuk (homemade guns) at 2.30am on Aug 6, 2019 in a house at Kg Kinarotuan, Ranau.
He had on Aug 29, last year, claimed trial to the charge under Section 7(1) of the Firearms Act (Increased Penalties) 1971 and that his case was initially fixed for trial on Monday.
The court ordered the bail of Djusni, who was on court bail, to be refunded.
Ye and Chen also represented Djusni.
