Somali juvenile files notice to quash his shooting case
Posted on July 13, 2012, Friday
KUALA LUMPUR: A Somali juvenile, who has been charged together with six other Somali nationals with discharging their firearms at Malaysian commandos in the Gulf of Aden, has filed an application to the High Court to quash the charge.
The 16-year-old filed a notice of motion to quash the charge on July 5 through Messrs Chooi & Company at the High Court Criminal Registry here.
Copies of the notice were made available to the media yesterday.
He is seeking a declaration that the High Court has no jurisdiction to hear the charge against him under Section 3 of the Firearms (Increased Penalty) Act 1971.
The juvenile, who is being detained in the Kajang Prison, also wanted an order from the court that the charge against him be stayed permanently and/or set aside permanently and/or to be quashed.
In his affidavit affirmed on June 19 this year, he claimed that the purported offence as stated in the charge occurred outside the territory of Malaysia and not on Malaysian soil or high seas.
He claimed that the ship stated in the charge was not a Malaysian ship or registered in Malaysia.
The High Court fixed Sept 24 to hear the application.
On Feb 11, last year, the juvenile was charged with six Somali nationals with shooting at a Malaysian armed forces team on board the MT Bunga Laurel in their attempt to rob the merchant vessel, with the intention to cause death or harm, about 250 nautical miles from the waters of Oman, on Jan 20 last year.
No plea was recorded when the charge was read at the magistrates ‘court. The charge comes under Section 3 of the Firearms (Increased Penalties) Act 1971 which carries the mandatory death sentence upon conviction.
The case was transferred to the High Court on April 14 last year.
On Jan 20, 2011, Royal Malaysian Navy commandos came to the aid of MT Bunga Laurel when it came under attack by Somali pirates armed with AK-47 rifles and
pistols, in a rescue operation codenamed “Fajar” conducted with the help of the Royal Malaysian Air Force (RMAF). — Bernama