Police Insp spared hangman's noose after appeal

PUTRAJAYA: A 51-year old police inspector was spared the hangman's noose today after the Federal Court set aside his conviction on a charge of being an accomplice in the fatal shooting of a goldsmith in Ipoh, Perak nine years ago.
A five-man panel led by Chief Justice Tun Raus Sharif discharged and acquitted Mohd Taufik Peter Abdullah after allowing his appeal to set aside the death sentence imposed by the High Court.
"We unanimously agree with the counsel's submission that the prosecution has failed to prove that the appellant was at the crime scene and hence the charge against him could not be proved," he said.
Presiding with him were Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Datuk Seri Balia Yusof Wahi, Datuk Alizatul Khair Osman Khairuddin and Datuk Rohana Yusuf.
Mohd Taufik who has been suspended from his duties at the Perak state police narcotics department was initially charged with murder but at the end of the prosecution's case, the charge was amended to one under Section 3 A of the Firearms (Increased Penalties) Act 1971.
On March 25, 2016, the Ipoh High Court sentenced Mohd Taufik to death for allowing his pistol to be used by S. Nagendran in a robbery at the Max Goldsmith & Jewellery shop in Jalan Sultan Iskandar, Ipoh, Perak, between 3.30pm to 5.10pm on Sept 16, 2009.
The shop owner, Chen Fun Kee, was shot dead by Nagendran using Mohd Taufik's pistol. Nagendran died in March 2013.
Mohd Taufik lost his appeal at the Court of Appeal on May 19, last year.
In the proceeding today, Mohd Taufik's counsel Muhammad Rafique Rashid Ali submitted that his client was not at the crime scene as at that time he was visiting his sick uncle in Teluk Intan, Perak.
He said the prosecution failed to establish the ingredient in Section 3 A of the Firearms (Increased Penalties) Act 1971.
Deputy public prosecutor Mohd Taufik Mohd Yusoff submitted that based on the recorded statement, the appellant was not at the scene but there were circumstantial evidence. — Bernama