PUTRAJAYA, Feb 14 — A fisherman may face the possibility of being re-charged for possession of a pistol and attempted murder after the Court of Appeal here today reinstated the discharge not amounting to an acquittal (DNAA) order given by the Sessions Court.
A Court of Appeal three-member bench led by Justice Datuk Hanipah Farikullah held that the High Court had erred in acquitting and discharging Goh Hwa Kiang, 41.
Justice Hanipah who presided with Justices Datuk Lee Heng Cheong and Datuk Nordin Hassan allowed the prosecution's appeal to reinstate the Sessions Court decision.
She said a Supreme Court decision in ‘Public Prosecutor vs Zainuddin Sulaiman and ors’ held that the court has no power to acquit an accused without hearing all evidence from the prosecution.
Following this decision, Goh can be re-charged for the offences.
Goh, 41, was charged on September 29, 2018, with the possession of a Smith and Wesson pistol under Section 8 of the Firearms Act (Increased Penalty) 1971 as well as for allegedly attempting to murder K. Kalidass.
According to the charge sheet, he allegedly committed the offences in front of a house at Batu 3/4, Jalan Pantai Tanjung, Piandang, Kerian district, Perak at 2.15 am on July 19, 2018.
On July 13, 2020, the Sessions Court gave Goh a DNAA after the prosecution produced four witnesses including the arresting officer and investigating officer. This means Goh can be re-charge for the offences.
Goh filed a revision application to the High Court which, on February 24, 2021, acquitted and discharged him, meaning Goh cannot be prosecuted for the same offence.
Deputy public prosecutor Zaki Asyraf Zubir submitted that the prosecution did not apply for DNAA against Goh before the Sessions Court.
He said instead, the prosecution only requested for postponement of the trial because the witnesses could not be subpoenaed due to a change of the investigating officer, adding that the investigating officer who took over from the previous investigating officer overlooked the matter.
Zaki Asyraf said that was the first and only time that the prosecution witnesses did not turn up in court.
Goh's lawyer Datuk Naran Singh submitted that the High Court had acquitted and discharged Goh of the charges because the key prosecution witnesses had testified.
— Bernama
