Allowing Baxter Kisar’s appeal, judicial commissioner Azhar Abdul Hamid said the sessions court judge hearing the case had misdirected herself.

“The trial judge failed to appreciate the evidence of a defence witness which was favourable to the appellant (Baxter),” he said when delivering oral judgment.

Baxter was accused of shooting A Krishnan, 38, on his left leg at close range in front of a food outlet at Jalan Rampai Niaga in Sri Rampai, Wangsa Maju here on July 18, 2017.

However, Baxter said he was merely acting in self-defence after Krishnan attacked him with a bottle of beer.

According to Azhar, a defence witness corroborated the accused’s account of what transpired.

Baxter, 33, was charged under Section 307 of the Penal Code, which carries a maximum 20 years’ imprisonment and a fine.

He was convicted on March 28 after the sessions court found that the defence had failed to raise reasonable doubt in the prosecution’s case.

He was ordered to start his jail term on the same day.

Having paid the fine, he was released on April 14 after Azhar allowed bail of RM20,000 in one surety pending the outcome of the appeal.

Lawyer Hisyam Teh Poh Teik, Guok Ngek Seong and JB Yong represented Baxter in the appeal. Deputy public prosecutor Kamarul Aris Kamalluddin prosecuted.