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2009 MarsdenLR 1843

AHMADI HAJI ASNAWI, JC

HIGH COURT (MUAR)

PP - Appellant
Versus
FOO ING HWA - Respondents

PERBICARAAN JENAYAH NO: 45-19 TAHUN 2004

Decided On : 01/09/2009

Bila nampak mereka datang semakin dekat kepada saya dan dengar jeritan SP-8 - "rompak", saya agak ada salah faham, saya terus naik kereta dan beredar dari tempat itu. Saya tidak ambil wang yang dicampakkan oleh SP-8 ..."

The defence of the accused is absolutely a defence of bare denial. From the above and later under cross-examination, the accused denied:-

- going back to his car and re entering the shop armed with a piece of wood,

- hitting PW-8 with a piece of wood,

- hitting the old woman which he later identified as the deceased on her head with a piece of wood,

- ransacking the drawers of the counter and later the drawers in the living room,

- denied taking the monies from inside the drawers of the counter,

- denied robbing the deceased of her jewelleries.

The accused further testified that he wanted to go to Batu Pahat Police Station but changed his mind when he noticed several cars pursuing him. He sped towards Yong Peng town and entered the PLUS Highway through Yong Peng Toll. Later he exited at the Air Hitam Toll to go to Air Hitam town. He saw one of the cars pursuing him waiting for him there. He made a U-turn and re entered the PLUS Highway through the same Air Hitam Toll and heading south towards Machap. Soon after re entering the PLUS Highway, his car went out of petrol and came to a stop, later identified at KM 80 PLUS Highway. He abandoned his car there and fled on foot into the surrounding kebun kelapa sawit on the left side of the Highway towards Johor Bahru. He hid himself in the bushes in the kebun kelapa sawit. He kept hiding for more than 2 hours during which time he saw may people, all Chinese, armed with knives, sticks and shot-gun waiting for him.

When the police came, he surrendered to one of the search teams. He told them where he was hiding. He was handcuffed to his back and made to lie on his back on the ground. He was stepped on by the police on his back in that position. The accused further testified that the police recovered more then RM100.00 from his right trousers pocket. He claimed the sum to be his. The said sum was kept in an angpow packet and inserted at one of the apertures of the roof of the car. He remembered this money as he was about to leave the car by the side of the PLUS Highway. He took the money along with him. When he was led out of the kebun kelapa sawit he again saw many Chinese people waiting for him at the edge of the kebun armed with sticks, knives and shot gun. He asked the police to bring the police car into the kebun to fetch him to ensure his safety.

The accused testified that the said sum was about the only item recovered from him by the police at the kebun kelapa sawit. He denied that the bracelet and the 2 rings were recovered by PW-9 from his person at the kebun kelapa sawit. He also denied that the 4 iron clippers recovered by PW-12 from the floor board of his Kembara car were recovered from the car. He affirmed that he did not bring the 4 iron clippers with him into the car while driving the car.

Such were the essence of the defence of the accused.

At this stage it is pertinent to note that the accused did not challenged:-

- PW-8's evidence that the general health condition of the deceased was good and that she did not suffer from any debilitating illnesses.

- PW-8's evidence that the accused did in fact tried to hit her on her head but the blow landed on her rear left shoulder after she avoided the blow.

- PW-8's evidence that the accused demanded from her where her monies and jewelleries were kept.

- PW-8's evidence that the accused ransacked the drawers of the counter and the drawers in the living room after the deceased fell on the floor after receiving the blow on her head delivered by the accused.

- PW-8's evidence that the accused took the monies kept in the drawers of the counter.

- the identification of the 4 iron clippers by PW-8 that the said iron clippers were the clippers she used to separate her collections according to its denominations.

- the iden

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