High Court acquits man of attempted murder charge

A man was acquitted and discharged by the High Court here yesterday from a charge of trying to kill a foreigner by firing shots using a P. Beretta pistol three years ago.

Judicial Commissioner Amelati Parnell set aside the conviction of Clarence Pudun James under Section 307 of the Penal Code upon appeal, but affirmed the conviction and sentence of a second charge of illegally possessing the weapon.

However, the previous jail term of five years for the second charge was substituted with six months’ imprisonment.

The court also ordered for the appellant’s bail be refunded.

On Nov 25, 2019, the lower court sentenced the 36-year-old appellant to a total of 19 years’ jail after he was found guilty of both charges.

On the first count, the appellant was jailed for 14 years for firing three shots in an attempt to murder Sardi Madjuri at an unnumbered house at Kampung Lokinangan in Pitas at 4pm on May 27, 2018. He was convicted under Section 307 of the Penal Code which carries a jail term of up to 20 years, upon conviction.

The appellant received another five years’ imprisonment for possessing the weapon without a licence, at the same time and place.

The offence was framed under Section 8(a) of the Arms Act 1960 which is punishable by a jail term of up to seven years or a fine, or both, upon conviction. The lower court had ordered for both jail sentences to run concurrently.

The lower court also allowed the appellant’s application for a stay of execution pending the appeal, with his previous bail of RM3,000 with two local sureties.