Published on: Thursday, March 04, 2010
Kota Kinabalu: Former State Culture, Youth and Sports Minister, Datuk Conrad Mojuntin, told the High Court hearing a civil suit by the father of the late Anthony Chang Kim Fook who is seeking RM1.5 million in damages from him that he had no intention to shoot anyone five years ago.
Mojuntin, who was being cross-examined by the plaintiff’s counsel, said he carried his shotgun loaded with two bullets merely to deter any attackers.
"My gun can carry five bullets, but I only loaded two bullets.
If I wanted to kill people, I would have loaded it with five bullets," replied Mojuntin when put by counsel Ram Singh that he intended to shoot someone.
Mojuntin told the court that they went to Donggongon town in the vicinity of SJD in the wee hours of Oct 23, 2005 not to look for a fight or create trouble to the public, but to look specifically for his two sons who he sincerely believed had already been injured or killed.
He also disagreed with the counsel that he wanted to kill someone and that this was why he loaded his shotgun.
To a question on whether he knows the danger of carrying a loaded gun to a public place, Mojuntin replied he carried his loaded gun because at that time those people who chased after his children were wearing masks, holding swords, iron rods and flying dusters.
“I know I cannot just walk to Donggongon to look for my sons without any form of protection.”
As to what was on his mind at the time he loaded his shotgun with two cartridges, Mojuntin said he intended to warn anyone who wanted to attack him or those around him in the hope they will run away and that he would only open fire with the second cartridge if anyone of those close enough armed with any samurai sword, shouted to kill him, to save his life and those around him.
Mojuntin was named as the sole defendant in the suit brought by the plaintiff, lorry driver David Chang Tai Kim, 53, who filed the suit in 2007.
Chang is seeking special damages for the funeral expenses amounting to RM11,452.24, RM10,000 in bereavement cost, general damages of RM750,000 and aggravated damages amounting to RM750,000.
In addition, he also claimed for statutory interest of eight per cent on any of the claims for damages awarded by the court, other costs as well as any other relief the court deems fit and proper.
Chang is represented by counsel Ram Singh and Loretto S. Padua Jr. while Mojuntin is defended by counsel Zahir Shah in the hearing before Judicial Commissioner Dato’ Abdul Rahman Sebli.
To another question, Mojuntin told the court that he fired a warning shot into the air which made Anthony stop for a split second before he came running wielding a samurai sword above the shoulder.
"I could not outrun him, I was wearing a sarong and I was barefooted.
I believed at a distance of 10 to 20 feet, if I turned my back I would have been slashed, possibly killed, so in that split second I aimed low to fire the last bullet in my gun. What was my choice? Remain there?
I had a right to self-defence," said Mojuntin.
“I am very sorry that Anthony Chang died but I still believe that if I did not carry the gun I would not be here today. I would already be dead,” said Mojuntin when asked as to how he felt today as a result of shooting and killing Anthony.
He disagreed with Ram that he was not remorseful when he shot Anthony.
To a question, Mojuntin said he was aware that killing a person in a public place is an offence under Section 302 of the Penal Code and that he was also aware that he was not charged under such Section.
When asked whether he considered he is lucky that no charges have been filed against him so far for manslaughter or murder, Mojuntin replied that an Inquest into the cause of the death had been carried out and proved that he acted in self-defence.
He added that he was acquitted of any offence because he acted in self- defence.