Here's why the Israeli national arrested in KL with 6 guns won’t face the death penalty for firearms trafficking
The Inspector-General of Police (IGP) Tan Sri Razarudin Husain made a bombshell revelation on 29 March, revealing how an Israeli national was arrested in Kuala Lumpur 2 days prior with 6 firearms and approximately 200 bullets in his possession. The 38-year-old Israeli, who holds dual citizenship with France and Israel, was identified as Avitan Shalom and had entered Malaysia through the United Arab Emirates (UAE) using his valid French passport.
During the arrest at a hotel in Jalan Ampang, the suspect was found with his 2 passports and a bag with 6 firearms and the bullets, including SIG Sauer, Smith and Wesson, as well as Glock guns, 3 of which were loaded. Investigations found that the man purchased the firearms while in Malaysia, all of which were believed to be ordered while here, using cryptocurrency.
On 29 March, a local married couple were also arrested in Kuala Selangor on suspicion of supplying the 6 firearms to the suspect, which are believed to be obtained from Thailand. Each firearm was sold for over RM10,000.
While the suspect claimed to have entered Malaysia to assassinate another Israeli national due to family problems, the Royal Malaysia Police (PDRM) is doubtful of this motive and believes that he may be a member of the Israel Intelligence Agency.
In an update on the case recently, the IGP was quoted by The Star as saying that the case is being investigated under the Firearms (Increased Penalties) Act 1971. Under the Act, Razarudin claimed that the suspect, alongside the married couple who supplied the firearms, may face the death penalty for firearms trafficking.
However, this is actually not the case and the IGP may have erred in his statement as the provision he quoted no longer prescribed capital punishment for those convicted. This is further backed up by the actual charges the suspect faced at the Kuala Lumpur Sessions Court on 12 April, which didn’t include any provisions with the death penalty.
So, what does the law say and what punishments await for the Israeli national if he’s convicted? Well, join us as we explore the matter in depth below.
The Firearms (Increased Penalties) Act 1971
According to Bernama, the suspect faced 2 charges, one of which is under Section 7 of the Firearms (Increased Penalties) Act 1971 for firearms trafficking.
The provision is as below:
As per the above, it can be established that the Israeli national committed firearms trafficking as he had unlawfully possessed more than 2 firearms, which is considered firearms trafficking as per Section 7(2) of the Firearms (Increased Penalties) Act 1971. Furthermore, the weapons found in his possession are in line with what the Act defines as a firearm, as per Section 2 of the Act below:
Section 2 also established the local couple who supplied the firearms as trafficking firearms, as it is in line with what is defined under the provision’s “traffic in firearms”.
For reference, the Sessions Court charged the Israeli national for trading these firearms:
- Glock 19 USA 9x 10 (Serial Number AEGS 286)
- Sig Sauer P3205P (Serial Number 58C283463)
- Cougar 8000FT (Serial Number T6429-10G002496
- Glock 17 Gen4 Austria 9×19 (Serial Number: BDZZ090
- N&P 9C Smith & Wesson Spring Field MA USA (Serial Number: DSW9077)
- Stoeger Cougar 8000F (Serial Number 58C283463)
Accordingly, those charged under Section 7 of the Firearms (Increased Penalties) Act 1971 may face imprisonment between 30 to 40 years and with whipping of not less than 6 strokes.
For the second charge, the suspect was slapped with Section 8(a) of the Arms Act 1960 for possessing these ammunitions without a gun permit:
- A box of Shell Shock NAS3 9mm, containing 8 bullets (B660104)
- A box of Bullet Master Co. Ltd, containing 50 bullets (B660105)
- A box of Bullet Master Co. Ltd, containing 50 bullets (B660105)
- A box of Bullet Master Co Ltd, containing 50 bullets (B660105)
Accordingly, the Israeli national faces a maximum imprisonment of 7 years, or a fine not exceeding RM10,000 or both, if convicted. He was also not offered bail for the charges as it is a non-bailable offence.
Death penalty under the Firearms (Increased Penalties) Act 1971 was removed by the Abolition of Mandatory Death Penalty Act 2023
With the above being established, the relevant provisions under the Firearms (Increased Penalties) Act 1971 clearly didn’t mention anything about capital punishment. This is because the death penalty under the Act was removed as per the Abolition of Mandatory Death Penalty Act 2023.
As per Section 2 of the Abolition of Mandatory Death Penalty Act 2023 above, it is established that the Firearms (Increased Penalties) Act 1971 was one of the Acts that was amended to remove punishments relating to capital punishment. Specifically, the former amended Section 2, Section 3, Section 3A, Section 4, Section 5 and Section 7 of the Firearms (Increased Penalties) Act 1971.
Furthermore, Section 46 of the Abolition of Mandatory Death Penalty Act 2023 above also prescribed that with the enforcement of the Act, the amendments would be enforced to those at a trial or on appeal for cases under the Firearms (Increased Penalties) Act 1971 even if the offence was committed before the date of the Abolition of Mandatory Death Penalty Act 2023 coming into force. In other words, the amendments are retrospectively applied to any relevant cases currently on trial under the Firearms (Increased Penalties) Act 1971.
Prior to the Abolition of Mandatory Death Penalty Act 2023, Section 7 of the Firearms (Increased Penalties) Act 1971 prescribed the death penalty. However, it has since been amended by Section 45 of the Abolition of the Mandatory Death Penalty Act 2023 below to replace the punishment prescribed with 30 to 40 years of imprisonment and whipping of not less than 6 strokes.
Hence, that is why the Israeli national won’t be subject to the death penalty for the charges. Read more about the abolishment of the mandatory death penalty in Malaysia and its effects in our previous article here.
Moving forward, all eyes will be on the trial of this shocking case as it’s a matter of national security. Let’s hope that peace and public order will remain in our country and that our nation stand united amidst these external threats.
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