Court Roundup

Court Roundup, Sarawak News - Saturday, October 25, 2008 10:00 - 0 Comments

Stall assistant to face reduced weapon possession charge

KUCHING: A stall assistant accused of possessing an assortment of offensive weapons is to face a reduced weapon possession charge.

Toh Hong Tiao, 27, from Jalan Pisang Barat is now charged under Section 7 (1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958 (CESOW) which carries a maximum penalty of two years in jail or with a fine upon conviction.

The previous charge under Section 6(1) of the CESOW provides a maximum penalty of two years imprisonment and with a fine and whipping upon conviction.

Yesterday, Toh appeared before Magistrate Mohd Sabri Othman who allowed the charge be reduced by virtue of a directive from the senior federal counsel here.

The court fixed further mention of the case to next Oct 29. Toh’s lawyer Lim Lian Kee said the prosecution would now have to prove possession and that these weapons are in fact categorised under a list of weapons scheduled in the act.

But under Section 6(1), the prosecution is required to prove possession while the defence is to prove that the weapons are for lawful use, Lim said when explaining a striking difference between the two sections. Lim said he appealed for the charge to be reduced during the last hearing in July this year.

Toh allegedly possessed 45 swords each measuring about two feet, eight knives of various length and sizes and two bayonets at 6pm on Dec 8 last year at a stall at the Sunday Market here.

He is currently released on RM5,000 bail in one surety pending the next proceeding.

Inspector Khairul Haron prosecuted in the case.