JUDGMENTBY: HASHIM YEOP A SANG J, ABDOOLCADER FJ

HASHIM YEOP A SANG J The charge reads as follows

That you on April 14, 1982 at or about 1.30 a.m. at Kampong Sri Asahan,

Gemencheh, in the District of Tampin, in the State of Negeri Sembilan,

in furtherance of the common intention of you all, did commit murder by

causing the death of one Date Mohd. Taha bin Talib, and that you have

thereby committed an offence punishable under section 302 of the Penal

Code read with secion 34 of the said Code.

The prosecution had earlier in the proceeding sought to admit the cautioned statement of Rahmat Satiman. Based on Johnson Tan Han Seng v Public Prosecutor [1977] 2 MLJ 66, 72 the defence challenged the voluntariness of the statement. The question of voluntariness of the statement (P101) was dealt with in my written ruling dated November 8, 1982 -- Appendix A. The ruling was that P101 was voluntary and admissible but did not deal with the question of its truth. Because at the close of the prosecution case the defence submissions raised important issues of facts and law. I felt that basing on Public Prosecutor v Sihabduin & Anor [1980] 2 MLJ 273 a full review

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