MALAYSIA DEATH SENTENCE UPHELD FOR DISCHARGING FIREARM

the Court of Appeal in Malaysia upheld the death sentence of a plastic factory employee, who was convicted by the High Court for discharging a firearm while committing a robbery six years ago. Court of Appeal judges Justices Gopal Sri Ram, Mohd Ghazali Mohd Yusoff and Hasan Lah unanimously dismissed 59 year old Lau Soo Song's appeal against the conviction under Section 3 of the Firearms (Increased Penalities) Act 1971. Justice Sri Ram said the three-man bench was satisfied that there were no grounds for appeal. "There was evidence of identification and also evidence of robbery. These facts demonstrate there was a discharge of the firearm. "We therefore agree that the prosecution's case had been established," he said when affirming the Penang High Court's decision delivered on Dec 10, 2003.
Justice Sri Ram added that written grounds would be delivered at a later date. On Oct 27, 2001, Lau was charged with discharging a firearm at Ooi Hua Siew while robbing her at a house in Kepala Batas, Seberang Prai on March 3 that same year at about 8.30am. At the outset, Lau's counsel Gooi Soon Seng appealed to have his client's conviction of discharging a firearm amended to one of unlawful possession of the weapon saying there was no evidence that he had fired a shot during the robbery as no shell was found by the police. However, Deputy Public Prosecutor Nurulhuda Nuraini Mohd Nor said the prosecution had established its case as the victim had not only identified Lau but also testified that he held on to her arm in one hand while holding the weapon in the other before firing the shot.