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FEDERAL COURT PUTRAJAYA
DUIS AKIM & ORS – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. factual background of murder incident (Para 1 , 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. appellants' dissatisfaction and petition reasoning (Para 2 , 12 , 14 , 16 , 18 , 19) |
| 3. court's role as appellate in evaluating evidence (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 4. establishing common intention under law (Para 30 , 32 , 34 , 35) |
| 5. deficiencies in defense and credibility of witnesses (Para 38 , 39 , 41 , 42 , 43 , 44) |
| 6. evaluation of the alibi defense (Para 51 , 52 , 53 , 67 , 89 , 91) |
| 7. deficiencies found in defense ultimately leading to conviction (Para 96 , 100 , 101 , 102 , 108) |
[1] The charge against the appellants reads:
"That you all, on the 26th day of May, 2001 at about 2.00am at a Seven Eleven Shop, Donggongon Town, in the District of Penampang, in the State of Sabah, in furtherance of common intention did commit murder by causing the death of one WELFRED BIN THOMAS (M) 23 years, Dusun and that you all have thereby committed an offence punishable under s 302 of the Penal Code (FMS Cap 45) read together with s 34 of the same Code"
[2] The appellants are dissatisfied with the decision of the Court of Appeal setting aside their acquittals by the learned High Court Judge (
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