KOTA KINABALU: A soldier pleaded not guilty at the Sessions Court here yesterday to a charge of armed gang robbery.
Mohd Asmawi Seman, 30, who was brought before judge Ainul Shahrin Mohamed, was charged under Section 395 of the Penal Code read together under Section 34 of the same Code, punishable under Section 397 of the same Code.
The indictment carries a jail term of up to 20 years and whipping upon conviction.
The accused from Kelantan, together with three accomplices who are still at large, had allegedly robbed a man, who is a IMM13 holder, of RM1,200 cash by using a knife at a grocery store at Jalan Penampang at 11pm on June 26.
Deputy public prosecutor Chow Siang Kong objected to bail as the offence is non-bailable and was committed in a public place.
He said that the accused had committed a serious offence involving the use of a weapon, which was held by the accused, and the accused had played a main role in the alleged crime.
Chow also said that the accused might tamper with the victim who is still living at the same place where the incident took place.
In reply, counsel Korvent Wheezar E Jomiji, who represented the accused, urged the court to release his client on bail on the grounds that there were three more persons involved in the alleged crime and his client only held an accessory role in it.
Korvent said that his client had no intention of committing the alleged crime but instead was forced by the two other persons and the weapon does not belong to his client.
He also said that Mohd Asmawi, who is married with two young children, is residing at Lokawi, which is quite a distance from the scene of the alleged crime, and there would be minimal possibility for his client to tamper with the victim.
Korvent added that his client, who is a government servant, would not abscond and would diligently attend his court hearing.
The court fixed August 11 this for case management and released Mohd Asmawi on RM10,000 bail with one local surety, pending disposal of his case.