Visu Sinnadurai J:

Introduction

[1] Mr Marid Singh ('Marid'), aged 37, was a self-made man. His was a typical success story of rags to riches, having started his working career as an insurance salesman and a part-time watchman and at the time of his death, he was both a director and a shareholder of several companies. He also had interests in the Tequila Trio Pub in Subang Jaya and the Olimpia Sports Club in Ampang.

[2] On 8 October 1996, Marid was killed in the still of the night in his own house whilst asleep. It was a brutal killing - four slashes on the neck. Marid was in a sleeping position when he was slashed by the assailant. No one witnessed the killing. On the night of the killing, his wife Sarjit Kaur, his mother-inlaw, his three children - Mahaveer (aged 13), Ranveer (aged 11), Harpeet Kaur (aged five) - and two maids were also at the house. Investigation on the murder was initiated by the police swiftly and almost immediately, his wife was arrested and 14 days later, she was formally charged for the murder of her husband.

The Charge

[3] The accused was originally charged as follows:

Bahawa kamu pada 8 Oktober 1996 di antara jam 2 pagi sehingga 4.30 pagi, di rumah No 33 Jalan SS 1/25, Kampung Tunku, Sungai Way, dalam daerah Petaling Jaya, di dalam Negeri Selangor Darul Ehsan, dengan niat untuk membunuh telah melakukan satu pembunuhan ke atas seorang lelaki Sikh bernama Marid Singh s/o Pritam Singh (Kpt No 590423-08-5185). Oleh yang demikian, kamu telah melakukan satu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan (NMB Bab 45). (P2A)

[4] However, at the end of the prosecution's case, the deputy public prosecutor ('DPP') made an application to amend the charge under s 158 of the Criminal Procedure Code (FMS Cap 6) ('the CPC') to alter the time stated in the charge at which the alleged offence was committed, from 2-4.30 in the morning to 12.40 - 4.30 in the morning. This amended charged read as follows:

Bahawa kamu pada 8 Oktober 1996 di antara jam 12.40 pagi sehingga 4.30 pagi, di rumah No 33 Jalan SS 1/25, Kampung Tunku, Sungai Way, di dalam daerah Petaling Jaya, di dalam negeri Selangor Darul Ehsan, dengan niat untuk membunuh telah melakukan satu pembunuhan ke atas seorang lelaki Sikh bernama Marid Singh s/o Pritam Singh (Kpt No 590423-08-5185). Oleh yang demikian kamu telah melakukan kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan (NMB Bab 45). (P54)

[5] After due consideration, this court allowed the application to amend the charge. The procedure under s 159 of the CPC was then complied with.

[6] The charge was then read to the accused and the accused maintained the plea of not guilty. As the accused indicated through her counsel that she was ready to be tried on the new charge, the trial then continued. No witnesses were recalled by the prosecution or by the accused under s 162 of the CPC.

The Trial

[7] In 1995, by virtue of the Criminal Procedure Code (Amendment) Act 1995 which came into force on 17 February 1995, jury trials were abolished in Malaysia. As the alleged offence in the present case was committed after the coming into force of the CPC (Amendment) Act 1995, this trial was conducted without a jury: see Cheah Boon Tat v. PP, [1995] 2 MLJ 614.

[8] So far, the trial has lasted for almost a month, having commenced on 22 October 1997. The prosecution has called 26 witnesses to testify. The judge's notes of evidence, thus far, has run in excess of 400 pages. These witnesses testified as to the relationship between the deceased and his wife, the relationship between the wife and the family of the deceased, the background of the deceased and the wife, and also the business dealings of the deceased. Through all these evidence, the prosecution was attempting to establish that it was the wife who killed the husband.