Cop discharged but not amounting to acquittal
KUCHING: A police constable accused of discharging a firearm at an unauthorised place and three counts of intimidation was discharged but not amounting to an acquittal in a Magistrates’ Court here yesterday.
Magistrate Zulhairil Sulaiman meted out the sentence on Balaprakash Prabakaran, 26, on the ground of incomplete documents produced during the trial.
This was Balaprakash’s second trial. He was attached to the General Duties Division of Sri Aman District police headquarters when he was initially discharged and acquitted of the offence two years ago.
On Dec 9, 2014, he was sentenced to a week’s jail for each of the charges which were to run concurrently. The decision was affirmed by the High Court later but the decision was overturned by an Appellate Court where he was acquitted and discharged.
The Appellate Court ordered the case to be remitted to the lower court for a re-trial.
Balaprakash was accused of discharging a Walther P9S 9MM pistol inside and also outside a night club in Petanak at 2.15am on Oct 14, 2012. He was also accused of intimidating three staff of the club with the firearm.
He was charged under Section 39 of the Arms Act 1960, which provides for a jail sentence of up to one year, or a fine up to RM2,000, or both, and Section 506 of the Penal Code, which provides for a jail term of up to two years and a fine on conviction. He was represented by counsels Shankar Ram and Daniel Ling.