KUALA LUMPUR: A Sessions Court judge today told off Israeli national Avitan Shalom for asking for a Hebrew interpreter at the 11th hour.
This was after Avitan's lawyer, Datuk Naran Singh, said his client had insisted on an interpreter and asked that the 12-day trial, which was to start yesterday, be adjourned to next week to allow time to secure one.
This prompted judge Norina Zainol Abidin to directly address Avitan, 39, who was seated in the dock, clad in a white prison outfit and a black bulletproof vest, at yesterday's proceedings.
"I hope you can still remember the charges which were read out to you loud and clear by my interpreter in English. You understand (the charge) and had claimed trial in English," she said.
She reminded Avitan that it had been nine months since his charge and the issue of an interpreter was never raised during case management and mention proceedings.
"Your request for a Hebrew interpreter was brought to the court's attention at the 11th hour. It was done at the last minute, which was on the first day of the trial, which was supposed to start (yesterday)," she said.
To this, Avitan apologised and said he did not understand what Norina had said and that he could only comprehend simple English, which led to the judge repeating herself.
In response, Avitan said it was not true as he had at all times conveyed to his lawyers that he needed an interpreter.
"I can only speak Hebrew and if I want to understand all the words, it is in Hebrew," he said, adding that he does not speak French or Arabic.
Norina said she observed that Avitan's second language was English and the court required time to secure one.
"But bear in mind, this is Malaysia and it is quite difficult for the court to obtain one (Hebrew interpreter)," she said.
Deputy public prosecutor Mohamad Mustaffa P. Kunyalam agreed with the need for an interpreter as there were technical terms in chemist, forensic and firearms reports while the witness statements were in Bahasa Malaysia.
Naran said Section 270 of the Criminal Procedure Code states that evidence must be interpreted to an accused in a language he understands in an open court.
He said there was an oversight by co-lawyer Jeffrey Ooi and previous lawyers, but it was also the court's duty to ensure the availability of an interpreter under the section.
"This is his (Avitan) fundamental right. There is no choice for this court but to provide him with a Hebrew interpreter. The oversight and negligence of lawyers cannot be put on the accused. I will assist the court in looking for an interpreter.
"Yang Arif, with the greatest respect, the defence will not compromise if he is not given an interpreter," he said.
Norina then adjourned the trial to next Monday to secure an interpreter as it was Avitan's right to receive an interpretation of the language he understands.
Avitan, 39, from Bnei Brak, Israel, claimed trial for two amended charges under the Firearms (Increased Penalties) Act and the Arms Act last April.
On the first charge, he is accused of possessing 200 bullets for a Glock 17 Gen4 Austria 9x19, an M&P 9C Smith & Wesson Springfield MA USA, and a Stoeger Cougar 800F.
On the second charge, Avitan is accused of trafficking six firearms without a permit, namely a Glock 19 USA 9x19, a Sig Sauer P3205P, a Cougar 8000FT, a Glock 17 Gen4 Austria 9x19, an M&P 9C Smith & Wesson Springfield MA USA, and a Stoeger Cougar 8000F.
The offences were allegedly committed between 6.46 pm on March 26 and 6 pm on March 28 last year in a hotel room on Jalan Ampang.
The charge under Section 8(a) of the Arms Act carries a maximum sentence of seven years imprisonment, a maximum fine of RM10,000, or both.
The charge under Section 7(1) of the Firearms (Increased Penalties) Act carries a jail term of 30 to 40 years and at least six strokes of the rotan.