Simpson J:

The accused is charged with the murder of a fellow Indonesian, Labidah at Kampong Ambar, Tawau, on 8 June 1963.

That day - it was a public holiday - at about 1 p.m. he, together with a friend Langke, went to the house of one Mustamin in order to extract some clothing from a suitcase which he kept there. Mustamin was not at home but his wife Raba was there. Also there on the verandah was Labidah whom he knew well. Labidah too kept a suitcase containing clothes in that house. Raba in her husband's absence offered the three men coffee and later rice. While they drank the coffee and ate the rice nothing untoward happened as far as the prosecution witnesses observed. After the meal Langke was on the verandah, Raba in the kitchen. Suddenly there was a commotion and the sound of a blow and both saw the accused and Labidah struggling for possession of a parang on the verandah near the door to the dining room. Labidah already had a severe cut on the left side of his head.

Langke and Raba ran off. When Raba returned Labidah's body was lying on the grass about 36 yards from the house. On medical examination it was found to have several extremely severe wounds mainly on t