She said Kpl Jenain had testified that he wanted to “pursue and stop” a car with the licence plate BET 5023 and help the police patrol team.
However, she pointed out that Kpl Jenain had also agreed during cross-examination that the car driven by Aminulrasyid was slowing down.
“The car was not capable of speeding away as it was already slowing and swaying when it entered Jalan Tarian.
“He agreed that the car did not pose any danger to the police patrol team or the surroundings of the housing area as there were no passers-by or other vehicles,” said Latifah.
The court found that the situation did not warrant Kpl Jenain to open fire with his HK MP5 submachine gun, she said.
“The accused should have known that firing from his automatic submachine gun is dangerous,” she said.
In passing the sentence, Latifah also granted a stay of execution pending an appeal against the conviction.Idham later told reporters that the prosecution would appeal against the five-year jail term.
Aminulrasyid’s mother Norsiah Mohammad, 62, who was in tears after the verdict, said Kpl Jenain’s conviction had cleared her son’s name.
“It shows that my son is not a criminal,” she said.
The trial that started on Oct 12 last year saw 39 prosecution witnesses taking the stand while three witnesses, including Kpl Jenain, testified for the defence.
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