KOTA KINABALU: A mechanic, who was charged with carrying offensive weapons in public places, was acquitted and discharged by the Magistrate’s Court here Tuesday.
Magistrate Stephanie Sherron Abbie ordered the release of Carlsten Freddie Japat, 41, after the prosecution failed to establish a prima facie case against the man.
Carlsten was accused of possessing a sword at 4.20pm on January 27 this year at Kampung Hungab in Penampang.
He was charged under Section 6(1) the Corrosives and Explosive Substances and Offensive Weapons Act 1958, which carries a jail term of between five and 10 years, if convicted.
In her ruling, Stephanie stressed under Section 6(1), any person who is in any public road or place, carries or has in his possession or under his control, any offensive weapon otherwise than with lawful authority or for a lawful purpose, shall be guilty of an offence.
“The trial was conducted from May 15 and the prosecution has produced two witnesses, who said the sword was found under a table in the accused’s rented room at Kampung Hungab.
“In this case, the accused did not carry a weapon in public areas as it was found in his room, which is not a public place as stated in the Act. Therefore, the accused shall be discharged and acquitted,” she said.
Deputy Public Prosecutor Hafizah Zahida Abdullah appeared for the prosecution.