Gopal Sri Ram JCA:

The appellant was convicted by the High Court at Seremban of the offence of murder and sentenced to death. The facts giving rise to the conviction are as follows.

On 13 January 2001 the appellant had gone to the Goal Pub at Taman Thivy Jaya, Seremban. He parked his car and went in. He did not consume any alcohol while there. At about midnight, he emerged to find that his car had been blocked by a Honda motorcar. The appellant began to curse the driver of the Honda in Cantonese. He admits he used foul language. At about that time, the driver of the Honda came along. He is the deceased. According to PW10 who is now the deceased's sister-in-law the deceased was passive and it was the appellant who drew his handgun and shot the deceased. PW10 went on to testify that the deceased was unarmed and stood about 14 feet away from the appellant when the appellant discharged his firearm. Another witness, PW12, a friend of the appellant said that he saw the deceased attacking the appellant. He also said that the deceased had something in his hand. After the incident, the deceased was taken away to the hospital where he was pronounced dead.

According to the appellant