JUDGMENT

NH Chan J:

On 6 January 1982, at about 3 o'clock in the afternoon, the manager of Kundang Estate, Rawang, the late Mr. Gan Song, went to the Malayan Bank in Rawang to cash a cheque for RM23,115.14. The money was the payroll for the workers of the estate. On his way back to the estate, at the 5-¾ mile Rawang to Kundang road, he was confronted by two men on a motorcycle. Sensing that something was wrong, he did not stop his motorcar. The men gave chase and when their machine drew alongside the motorcar, the pillion rider fired a number of shots at Mr. Gan Song. Still the mortally wounded man refused to stop. Further attempts to overtake the motorcar were unsuccessful because the motorcycle was an old one and not fast enough. As they neared the estate, the pursuers gave up the chase and turned back. The rider of the motorcycle was Chai Min and the man with gun was Leo Say. Mr. Gan Song lost control of his vehicle. He crashed and ended up in a swamp within sight of the estate office. The workers rushed to his aid and took him to Eng Klinik in Rawang. He was then rushed to the General Hospital, Kuala Lumpur. Sadly, this brave man succumbed to his injuries. He died soon after reaching the hospital.

An autopsy by Dr. Joko Suko Haryano on 7 January 1982 revealed that the deceased died from multiple gunshot wounds in his face and abdomen. Among his injuries were:

(i) A gunshot wound in the right upper jaw measuring 1 cm. in diameter. A bullet was recovered from the left upper jaw beneath the skin.

(ii) A bullet tract from the abdomen going upwards destroying the lungs and rib No. 5 with the bullet lodged in the left axilla. There was bleeding in the left chest.

(iii) A gunshot wound in the right abdomen measuring 1 cm. in diameter. The bullet had penetrated the liver, intestines and stomach. There was evidence of bleeding in the stomach.

The cause of death was shock due to internal bleeding caused by gunshot wounds.

Krishnamoorthy s/o Ramasamy was a police officer. He was at the time a special branch probationary inspector attached to Rawang Police Station. It was in Rawang that he conceived the idea of robbing the Kundang Estate payroll. He had, as his Counsel Mr. Fernandez has told us, fallen heavily into debt. He wanted to get some money out of a robbery at Kundang Estate but was not himself minded to take part. As a result, he started to look around, at first in the Kundang/Rawang area, for people who were willing to carry out the robbery but he was unsuccessful. He was compelled, therefore, to look further afield. In the disreputable circles in which he moved, he met Manoharan s/o Rajagopal who was prepared to help him look for recruits to carry out the robbery. Now, Manoharan has brothers living in Senai, Johore. As a result, Krishnamoorthy, Manoharan and another person, Ramakrishnan alias Naidu s/o Ramaya set out for Senai on 4 January 1982. There, through the introduction of Manoharan's brothers, they met Leo Say and Chai Min. The outcome was that these two men were willing to carry out the robbery.

Krishnamoorthy brought these men back to Rawang. They reached Rawang at about 10 p.m. that evening and Krishnamoorthy put them up at his rented house at Taman Garing. That night, Krishnamoorthy slept in another house - the house of his wife's parents at Rawang Tin Field.

During the days prior to 6 January 1982, Krishnamoorthy had been to Kundang Estate many times to ask about when the workers would be paid. Krishnamoorthy also took Leo Say and Chai Min to Kundang Estate. He showed them the spot where they were to wait in ambush for the estate manager when he comes round with the workers' salaries. He gave them the description, colour and registration number of the estate manager's motorcar. On the day of the robbery he borrowed a motorcycle from Christopher Gomez for Leo Say and Chai Min to use. At about noon of that day he handed his gun to Leo Say and taught both the men how to use the weapon.

There is no doubt that Krishnamoorthy w