Abdul Malik Ishak JCA:

The Appeal

[1] The appellant (hereinafter referred to as "the accused") was charged with an offence of murdering Ng Weng Beng, NRIC 580307-11-5261, on 16 August 2002 at about 8.30pm at shop No: 334-335, Taman Sri Manir, in the district of Kuala Terengganu, in the State of Terengganu, an offence punishable under s. 302 of the Penal Code.

[2] After a full trial, the accused was found guilty by the High Court of murder, and he was sentenced to death. Aggrieved by the decision of the High Court, the accused filed an appeal to this court against his conviction and sentence.

The Facts

[3] An eye witness by the name of Lee Kim Choo (SP8) gave evidence for the prosecution. SP8 was a canteen operator and she resided at No: 266, Taman Sri Manir, Kuala Terengganu. She did not know the real name of the deceased but she knew him by the name of Ah Meng. She admitted that the deceased was her friend. She also admitted that she knew the accused and called him by the name of Ah Fong. She testified that she knew the accused for approximately four (4) years and that the accused was single.

[4] SP8 identified Ng Ka Chun (SP9) as the son of the deceased. According to SP8