Robbers Not Guilty of Possessing RM207k From Gold Heist
Cheang Sue Lyn
KUALA LUMPUR:
There was a mild mummer in Sessions Court 7 here today as Mahedran A/L Sumudam, 30, and Low King Yow, 34, were acquitted on one count of possession stolen property.
The case was heard before Judge Puan RohatulAkmar Abdullah.
The duo was jointly charged for dishonestly receiving property stolen in the commission of gang-robbery – 916 gold weighing 1,541.28 grammes worth RM207,900.00.The Prosecution alleged that these goldswere proceeds of an armed gang-robberyat CK Gold &Jewellery Trading, Selayang Capital Complexon February 4, 2019.They were alleged to have commit an offence under Section 412 of the Penal Code, if convicted, could be sentenced to maximum 20 years of imprisonment and shall also be liable to a fine.
Mahedranwas represented Dato’ Geethan Ram Vincent and Revin Kumar while Low was represented by counsel Izzat Amir.
It was the Defence’s case thatMahedran was not even present at the scene of crime during the time of arrest and/or offence. Although an Alibi Notice in compliance with Section 402A of the Criminal Procedure Code has been given to the Prosecutionway before the Trial commenced, but there was no investigation done by the Investigating Officer nor any explanation was offered for the failure to do so.
What is more fatal to the Prosecution’s case is that there was no evidence to link the Accused to the crime as no stolen property was recovered/discovered from the Accused and no fingerprint/DNA of the Accused which could be found or traced.
Judge Tuan Izralizam Bin Sanusi whom took over the case held that the Prosecution failed to establish a prima facie case and proceeded to acquit the men without calling for defence.
Deputy Public Prosecutor Mohd Isa Mohamed conducted the prosecution.
On a side note, Mahendran was also charged with five others under Section 395 and Section 397 of the Penal Code for committing armed gang robbery at NexiGoldJewellery, Tesco Kepong on April 10, 2019 but subsequentlywas given an order of Discharged not Amounting to Acquittal (DNAA) by Sessions Court JudgeEmelia Kaswati binti Mohamad Khalid on 18.06.2020.