Friday, September 2, 2016
Minister's brother is off to jail
Sessions Court Judge Azreena Aziz handed the sentence to the 45-year-old, also known as Mat Malaya, after the court found him guilty of the charge, Thursday.
He had previously been acquitted of a drug trafficking charge. He and his 24-year-old Sabahan wife were tracked down to a homestay in Kundasang, on June 1, last year.
Mohd Jusnaidi assaulted one Alkarim Atun, 36, by shooting him with a firearm at 5pm on May 6, 2015 at the Top Up Aircond Centre along the Jalan Tuaran By-Pass, here.
The offence under Section 324 of the Penal Code carries a jail term of up to 10 years, or with a fine, or with whipping, or with any two of such punishments.
Seventeen prosecution and two defence witnesses were called during the hearing.
Azreena ordered Mohd Jusnaidi to serve the sentence from the date of his arrest and rejected his application to stay the execution of sentence.
Earlier, counsel Ronny Cham who represented Mohd Jusnaidi asked for the sentence to be served from the date of his arrest saying that Mohd Jusnaidi had been under remand for one year and two months after the court denied bail to him.
Cham also applied for a stay execution of the sentence pending appeal to the High Court.
However, Deputy Public Prosecutor Husna Abdul Halim urged the court to impose a deterrent sentence on the grounds that Mohd Jusnaidi was found guilty of the charge after a full trial and that the sentence should be more than half the maximum imprisonment term provided for by the Penal Code.
She also said in the case, the weapon involved was a pistol which Mohd Jusnaidi, as a former soldier, knew should not be used unlawfully.
Husna also submitted that due to Mohd Jusnaidi's action, the victim had suffered two gunshot wounds on his right leg and undergone surgery to remove the bullets.
She added that the police took about a month to track down Mohd Jusnaidi.
On the stay application, Husna said the prosecution objected to the application as there was no special reason given by Mohd Jusnaidi.
Posted by wikisabah at 3:00:00 PM