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2025 MarsdenLR 1877

HIGH COURT SABAH & SARAWAK BINTULU
PP – Appellant
Versus
KONG CHAI HUA – Respondent
[Criminal Case No: BTU-45B-1-10/2023]

Petitioner Advocates:Nur Asfa Jannah Mohamad Ariff Irwani ,Respondent Advocate: Lau Lian Jing

A prima facie case for murder requires proof that the accused intentionally inflicted injuries leading to death; provocation and self-defence defenses were insufficient as actions were premeditated.

Headnote:(A) Penal Code - Section 302 - Charge for murder - The Accused was found guilty of murdering the Deceased by causing multiple blunt trauma injuries to the head and body resulting in death. Evidence included eyewitness testimonies and CCTV recordings. The requirements for establishing a prima facie case, as per s 180 of the CPC, were addressed, which include evaluating if the prosecution's evidence warranted a conviction without doubt. The defence of provocation and self-defence was raised but ultimately rejected based on the established facts and the nature of the confrontation, which was not sudden, and instead involved premeditated actions. (Paras 218-220)

(B) Evidence - Credibility of witnesses - The testimonies of eyewitnesses were upheld by the court despite challenges from the defence alleging inconsistencies, as the eyewitness was present at the scene, and corroboration from CCTV footage supported witness accounts. (Paras 47-74)

(C) Defence - The claim of sudden provocation was assessed and found inadequate, as the timeline of events indicated premeditated actions and an absence of grave provocation from the Deceased. The defence's attempts to alter narratives were dismissed. (Paras 125-128)

Table of Content
1. charge of murder and factual basis. (Para 1 , 2)
2. witness accounts of incident details. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
3. circumstantial evidence surrounding the murder. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
4. burden of proof and prima facie case. (Para 18 , 19 , 20 , 21 , 22)
5. elements of murder under penal code. (Para 23 , 24)
6. establishing death and cause. (Para 25 , 26 , 27 , 28 , 29 , 30)
7. expert testimonies confirming cause of death. (Para 31 , 32 , 33 , 34 , 35)
8. direct evidence linking accused to murder. (Para 36 , 37 , 38 , 39 , 40)
9. credibility and challenges to witness testimonies. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48)
10. contradictions and reliability of eyewitness. (Para 49 , 50 , 51 , 52 , 53)
11. defense assertions and counterarguments. (Para 54 , 55 , 56 , 57 , 58)
12. evaluation of defense claims. (Para 59 , 60 , 61 , 62 , 63 , 64)
13. assessment of damages and intent. (Para 65 , 66 , 67 , 68 , 69 , 70)
14. analysis of defense of self-defense. (Para 71 , 72 , 73 , 74 , 75)
15. discussion of intent and provocation. (Para 76 , 77 , 78 , 79 , 80)
16. purpose of corroborative evidence. (Para 81 , 82 , 83 , 84 , 85)
17. discussion of dna evidence. (Para 86 , 87 , 88 , 89)
18. inference of guilt related to dna evidence. (Para 90 , 91 , 92)
19. addressing rebuttal of defense claims. (Para 93 , 94)
20. discussion on corroboration rules. (Para 95 , 96 , 97 , 98 , 99)
21. conclusions on credibility and weight of evidence. (Para 100 , 101)
22. final conclusions on the prosecution's case. (Para 102 , 103 , 104)

Amelati Parnell J:

Introduction

[1] The Accused Kong Chai Hua was charged with the murder of one Yu Ching San on the 7th of June 2023 at around 7.57pm at Parking Lot 1120 at MDS Supermarket Medan Jaya, Bintulu, Sarawak.

[2] The charge was framed as follows:

That you, on 7 June 2023, at around 7.57 pm at Parking Lot 1120 at MDS Supermarket Medan Jaya, 97000, in the district of Bintulu, in the state of Sarawak, did commit murder by causing the death of one Yu Ching Shan (IC No: 731110-13-6195) and that you have thereby had committed an offence punishable under s 302 of the Penal Code .

The Prosecution's Case

[3] During the trial 19 witnesses was called. The facts of case as outlined in the Prosecution's submission are that on the 7th of June 2023 at about 8.27 pm, the complainant Kpl Mohd Rohaizad bin Mohd Ngadiron (PW2), who is the police officer on duty at IPD Bintulu received information that a man had been found covered in blood at the rubbish bin area in front of MDS Medan Jaya in Bintulu. The complainant subsequently lodged police report BINTULU/5656/23 [Exhibit P26] as the first information report.

[4] On the same day, 7th of June 2023 at about 9.15 pm, the 15 investigation officer DSP Tay Chew Thwa @ Rico Tay (PW19) went to the scene at the parking lot in front of MDS Medan Jaya in Bintulu and found a body covered in blood of which was later identified to be Yu Ching Shan (NRIC No: 731110-13-6195) ("the Deceased"). PW19 also found and seized several other items at the scene consisting of sticks and one Proton Saga Aeroback car bearing registration number ST3474F. PW19 then lodged a police report [Exhibit P69] of his findings.

[5] On the same day, 7th of June 2023 at about 11.30 pm, at S/Lot 41, Jade Garden PH2, Jalan Tun Hussein Onn, 97000 Bintulu, the arresting officer Insp Askandal bin Madin (PW8) had led a team of police officers and arrested the Accused. During the arrest, several items were seized from the Accused including clothings, a pair of slippers, a helmet, a Honda motorcycle bearing registration number QS7352G and its key. The arresting officer lodged an arrest and seizure report BINTULU/5658/23 (Exhibit P44).

[6] Based on police investigation, it was found on the night of 7th of June 2023, the Accused had gone to the parking lot in front of MDS Medan Jaya in Bintulu on his motorcycle and saw the Deceased there. Based on the testimony of PW13 Muhammad Shahrul bin Bolhassan and

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2025 MarsdenLR 1877

HIGH COURT SABAH & SARAWAK BINTULUPP – AppellantVersusKONG CHAI HUA – Respondent[Criminal Case No: BTU-45B-1-10/2023]

A prima facie case for murder requires proof that the accused intentionally inflicted injuries leading to death; provocation and self-defence defenses were insufficient as actions were premeditated.

Cases Referred (6)

HIGH COURT SABAH & SARAWAK BINTULU
PP – Appellant
Versus
KONG CHAI HUA – Respondent
[Criminal Case No: BTU-45B-1-10/2023]