SEREMBAN: It's the gallows for a police sergeant who fired a gun while robbing a jewellery store in Kuala Pilah near here in 2007.
High Court Judicial Commissioner Ahmad Nasfy Yasin handed down the sentence after finding that the prosecution had established a prima facie case against Mazlan Othman 46, who had been in service for 25 years.
"I have no choice but to sentence you to die by hanging," he said in a courtroom packed with the accused's siblings and family members.
The bespectacled Mazlan, who was clad in a round collared T-shirt and black pants, was calm throughout proceedings but bowed his head and cried after the verdict was delivered.
Mazlan, who was attached to the Dang Wangi district station, committed the offence with one Zulkifli Ali who died in August 2009.
The two robbed Kedai Emas Banbau at 29, Jalan Dato Undang Johol in Kuala Pilah at 3.15pm on Oct 9, 2007.
While escaping, Mazlan had fired a shot which hit proprietor Chin Yuan Choon, then 29.
He was charged with discharging a weapon under Section 3 of the Firearms (Increased Penalties) Act 1971 which carries the mandatory death penalty.
He was also charged with robbery under section 392/397 of the Penal Code which provides for up to 20 years jail and whipping if convicted.
JC Ahmad Nasfy said police records showed the weapon used in the robbery - a Steyr with serial number 03096 - had been issued to Mazlan by the police armoury on Oct 4.
JC Ahmad Nasfy added that the gold chains found in Mazlan' pockets at the time of his arrest were part of the robbery loot.
"The court cannot accept the defence's contention that the chains were put into the pockets of the accused by a police officer while being questioned."
Noting that the bullet casing found at the crime scene matched those issued to the accused, JC Ahmad Nasfy said the defence had also failed to prove that the accused was with a nephew at the Ramadan Bazaar in Kuala Pilah at the material time.
JC Ahmad Nasfy also sentenced Mazlan to five years' jail and two strokes of the rotan for robbery.
Deputy public prosecutor Wan Shaharudin Wan Ladin asked for a deterrent sentence saying Mazlan had tarnished the image of the force.
In mitigation, counsel Jamal Abbas asked for a lenient sentence saying Mazlan had served the Government for more than two decades, was a first offender and had a family.