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COURT OF APPEAL PUTRAJAYA
AHMAD RIZAL UMAR – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. introduction of appeal's nature. (Para 1 , 2) |
| 2. factual background and court decisions. (Para 3 , 4 , 5 , 6) |
| 3. details of the prosecution's case. (Para 7) |
| 4. defendant's account and contradictions. (Para 8 , 9 , 10) |
| 5. rebuttal expert opinion. (Para 11) |
| 6. high court's grounds for conviction. (Para 12) |
A. Introduction
[1] This appeal concerned a police investigating officer (IO) who was charged with murdering his lover, but he had, however, alleged that she was killed by a robber who broke into her home
[2] A draft copy of this judgment (Draft) had been previously forwarded to Supang Lian and Collin Lawrence Sequerah JJCA. Both my learned sister and brother had agreed with the Draft.
B. Previous Proceedings
[3] The appellant (Appellant) was a police inspector who was charged with the murder of one Cik Kartini Borhan (Deceased) in Lot 7, Phase 5, Taman Andika, Keningau, Sabah (Premises) on 29 September 2011, between 4.00am and 5.00am (Amended Charge), an offence punishable under s 302 of the Penal Code ( PC ).
[4] At the end of the prosecution case, the High Court acquitted and discharged the Appellant of the Amended Charge (High Court's Initial Acqu
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