A former Lance Corporal at the Royal Brunei Armed Forces (RBAF) was acquitted yesterday by the Intermediate Court of abetting the possession of bullets without a licence pursuant to the Arms and Explosives Act.
Haji Mohammad Azeri bin Haji Bakri was accused of giving 471 bullets to a co-defendant who was arrested for the possession of bullets.
The co-defendant had pleaded guilty and then implicated the defendant as his source of bullets to which the defendant claimed trial.
In delivering judgment, Judge Radin Safiee bin Radin Mas Basiuni held that the prosecution failed to persuade the court that the bullets seized at the scene of the crime were indeed the bullets produced at trial thus affecting the identity of the bullets concerned.
Furthermore, Judge Radin Safiee granted the defendant’s formal application to impeach the credit of the prosecution’s main witness due to inconsistencies in the former statements of the witness as compared to the evidence produced by the witness in court.
Additionally, the defendant has raised sufficient doubt on the actual quantity of bullets involved when varying quantities of bullets were identified and recorded in the course of investigation.
Based on the findings, Judge Radin Safiee was convinced by the defendant’s arguments that there was a serious flaw in the evidence of the prosecution; and consequently the defendant was discharged and acquitted.
The defendant was represented by Kamal Shaari of Messrs Yusof Halim & Partners.