A three-member bench chaired by Hanipah Farikullah said they were bound by a Federal Court verdict that the court could not acquit an accused without hearing all evidence by the prosecution.

“We find the High Court judge had erred in acquitting the respondent (the fisherman),” she said in allowing the prosecution’s appeal to restore the sessions court order.

Others on the bench were Lee Heng Cheong and Nordin Hassan.

Following today’s ruling, it is now up to the prosecution to continue or drop the charges as provided under the Federal Constitution and the Criminal Procedure Code.

Goh Hwa Kiang, 41, was charged with possession of a pistol with two bullets and also for attempted murder of an unidentified person by discharging the weapon.

Both offences were committed at an unnumbered house in Tanjung Piandang, near Taiping, at about 2.15am on July 19, 2018.

The facts of the case revealed that the sessions court on July 13, 2020, on its own volition, gave Goh a DNAA after the prosecution had only produced four witnesses, including the arresting and investigating officers.

In this instance, the accused could be charged with the same offence.

Goh, who was held in remand since bail is not provided for firearms possession, walked out a free man.

Following a revision application by Goh, the High Court on Feb 24 last year acquitted him, meaning he could not be prosecuted for the same offence.

Deputy public prosecutor Zaki Ashraf Zubir submitted that the High Court judge was wrong in his ruling as the prosecution did not apply for a DNAA before the sessions court judge.

Counsel Naran Singh said the High Court cleared Goh of the charges because the key prosecution witnesses had testified.