May 11 decision on appeal by man against conviction

Kota Kinabalu: The High Court here will deliver its decision on May 11 the appeal by a 37-year-old man against his conviction and sentence on two counts of attempting to kill a foreign man with a shotgun and having the gun illegally.

Judicial Commissioner Amelati Parnell set the date for Clarence Pudun James on Tuesday.

Clarence’s counsel and the prosecution confirmed to the court that they have filed their respective submissions to the court.

Clarence was on Nov 25, 2019 found guilty by the Sessions Court after a full trial of the cases.

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He was sentenced to 14 years’ jail on the first count of firing three shots in an attempt to murder one Sardi Madjuri with a P. Beretta firearm at 4pm on May 27, 2018 around Samur area at Kg Long Kinangan in Sipitang.

On the second count, Clarence was jailed five years for having a P. Beretta shotgun and two bullets without licence at 8.10pm on May 27, 2018 in a house at the same village. Clarence was ordered to serve the sentence concurrently.

The first count under Section 307 carries a jail term of up to 20 years while the second count framed under Section 8 of the Firearms Act 1960 provides a jail term of up to seven years or fine of up to RM10,000 or both on conviction.

Counsel Jacky Lettong, representing Clarence raised three issues in the appeal, namely, the issue of break in the chain of evidence in regards to the two pellets; the prosecution’s first witness’ testimony regarding the pellets inside the victim’s body and; the identification of the said pellets by the prosecution’s first witness.

Jacky submitted that the conviction and sentence handed down by the trial judge were unsafe. The appellant also submitted that the sentence on the second count was manifested excessively and urged the court to overturn the conviction and sentence.

The prosecution urged the court to dismiss the appeal and affirm the conviction and sentence against Clarence on all charges.

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Deputy Public Prosecutor Rozanna Abdul Hadi submitted that the trial judge had analysed and considered the evidence from both prosecution and defence at the end of the defence stage.

The prosecution also submitted that the sentence imposed was proper and in accordance with the law.

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