Augustine Paul J:

In this case the accused was charged with an offence of murder. The charge reads as follows:

Bahawa kamu pada 27hb Disember 2000 jam di antara 11.45 malam hingga 1.30 pagi 28hb Disember 2000 di depan rumah No. 3E, Pearl Tower, OG Heights, Jalan Awan Cina, di dalam Daerah Brickfields, di dalam Wilayah Persekutuan, Kuala Lumpur, melakukan pembunuhan dengan menyebabkan kematian kepada seorang lelaki Cina yang bernama Teoh Boon Teik, KPT: 591225-08-6181 dan oleh yang demikian kamu telah melakukan satu kesalahan yang boleh dihukum di bawah seksyen 302 Kanun Keseksaan.

The accused claimed trial to the charge. The prosecution called a total of 26 witnesses in support of its case. Deva Krishnan a/l Murugiah (PW4) is the manager of Syarikat Reza Sekuriti which provided security services to OG Heights Condominum. On 27 December 2000 he was informed by his supervisor that a male Chinese was lying in front of Door E, 3rd Floor, Pearl Tower, OG Heights Condominium with blood on the floor. While on the way to the scene he informed University Hospital and the police of the incident. On arrival at the security office at the scene he saw Chong Hon Loong (PW6) lying down in front of the office. PW6 was unconscious and smelling of alcohol. Together with PW6 there were four persons there one of whom was a female. PW6 then proceeded to the scene. There he found David Teoh Boon Teik ("the deceased") lying on the floor. He checked the deceased and found that he was not breathing. PW4 said that PW6 was a regular visitor to the condominium and had been registered by the deceased as a permanent visitor. He also said that the accused came there often with the deceased. Chief Inspector Koh Fei Cheow (PW26) was the investigation officer in this case. He went to the scene with a team of police officers. On arrival there he met PW6. He then said:

After that Mr Deva took me to the scene of the crime. From the ground floor to the 3rd floor we took a lift. When we came out of the lift and turned left I found a body. The body was in front of condominium no 3E, Tingkat 3, Pearl Tower, OG Heights, No 60, Jalan Awan Cina, Kuala Lumpur. After that I was told by Mr Deva that the deceased is a resident of that condominium. I then checked the lock of the door of that condominium. There was no forced opening of the door. Then I checked the body. There were no documents or house keys on the body. I found a lot of injuries on the body. At that time I did not know who the deceased was.

I then opened the door of the condominium by force. There was no sign of ransacking inside the condominium. Everything was neat. After that I got the particulars of the deceased from documents which I found in the house. Mr Deva told me that the deceased was the occupant of the condominium. Mr Deva called the deceased as Mr David Teoh. After checking the house I drew a sketch plan and asked the photographer to take photographs. The photographer took photographs. I can identify them. (P3 A - W dirujuk kepada saksi) These are the photographs.

At the scene I collected blood samples of the deceased. I took the samples from under the body of the deceased. I took another blood sample from the right trousers pocket of the deceased. The third sample was from the left calf of the deceased. After that I found blood stains on the emergency exit door of the condominium. This door is near the body. I got down through the staircase to the ground floor. At the ground floor I saw blood stains on the toilet door. I took a sample of the blood from the door. So I had taken 4 samples. I labelled as A1 the sample under the body of deceased; as A2 the sample from the right pocket; as A3 sample from the calf and as A4 from the door.

(Saksi dirujuk kepada P3) I drew a key for the photographs. (Key shown to witness) This is the key - marked as P3KK. The emergency door is at P3A. The place from where A4 was taken is at P3C. The place where A1 is taken is at P3C. The place where A2 was take