Cheang Sue Lyn
PETALING JAYA:
The Session’s Court here today acquitted two men on three charges under the Firearms (Increased Penalties) Act 1971 (‘FIPA’).
Danasilan A/L Suntharason, 26, and Premkumar A/L Mogan, 27, had small smiles on their faces as Judge Norshila bin Dato Haji Kamaruddin delivered her findings that a prima facie case was not established and that the two men would not be called to enter their defences.
According to the Prosecution, the two Accused and 4 others attempted to rob the Poh Kong gold store in Atria Mall, Damansara Jaya. While fleeing the scene, one of the men pointed a gun at the police who proceeded to fire several shots in self-defense. The police successfully shot Danasilan in the chest and apprehended him alongside accomplice Premkumar who surrendered.
Premkumar was charged with gang robbery, with knowledge that accomplice, Danisilan, was carrying a Colt .45 gun without license.He was charged under Section 9 of the FIPA which carries a maximum penalty of 14 years jail and six counts of whipping.
Meanwhile, Danasilan was accused of brandishing a Colt.45 gun in a manner likely to put the security guard Amir Beek Roda, 35, in fear of death or hurt. He was charged under Section 4 of FIPA which carries a sentence of life-imprisonment and six counts of whipping.Additionally, he was also charged with possessing eight .45 calibre live bullets without license, under Section 8(a) of the Arms Act 1960 which carries a maximum penalty of seven years jail and RM10,000.00 fine.
Danasilan, who was wearing a hospital patient gown, could not bring himself to stand up while at the dock during the initial charging.
Though DPP Tan Gin Han had called 10 witnesses in total but evidences tendered in Court were insufficient to build a prima facie case especially when material witness such as the security guardAmir Beek Roda who was named as the victimin the charge sheet was not even called to testify. There exists a gap in the Prosecution’s case which the Defence submits, is detrimental to the Prosecution’s case.
Both Accused were represented by Dato’ Geethan Ram Vincent and Revin Kumar.