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1980 MarsdenLR 221

IBRAHIM MANAN, ABDUL HAMID, SUFFIAN
LAI KIM HON – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
In the Original Court:
Radzi Sheikh Ahmad(Mat Noor with him) for the 1st, 2nd and 3rd accused.
Jagjit Singh for the 4th, 5th and 6th accused.
Solicitors: Manjit Singh Dhillon & Co; Radzi Sheikh Ahmad & Partners; Jagjit & Co.
In the Federal Court: Manjit Singh for 1st appellant.
Radzi Sheikh Abroadfor 2nd, 3rd and 4th appellants.
Jagjit Singh for 2nd appellant in cross-appeal.
Mah Weng Kwai (Deputy Public Prosecutor) for the respondent.

Harun J

In this case all six accused are police officers attached to Cheras Police Station, Kuala Lumpur and were jointly charged with committing culpable homicide not amounting to murder under section 304 Penal Code read with section 34 of the same Code.

The facts are as follows:

Cheras Police Station is the headquarters of the 'C' Division of the Kuala Lumpur Police. 'C' Division includes Kg. Date Keramat. In 1977 the Police received several reports from members of the public living in Kg. Date Keramat that their houses were broken into and articles stolen. The Police set about to stamp out this menace and the Crimes Prevention Branch of 'C' Division was deployed for this purpose. The function of this branch is to take measures to prevent the commission of preventable crimes which includes the rounding-up of suspects and interrogating them.

At the material time, the Head of the Crimes Prevention Branch at Cheras Police Station was Chief Inspector Lai Kim Hon (the 1st accused). He had under his charge the following officers:

1 Detective Sergeant; 4 Detective Corporals; 12 Detective Police Constables; and 8 Special Rounds Police Constables.

The 3rd accused (Mahazan) and 4th accused

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