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1985 MarsdenLR 723

NH CHAN
PUBLIC PROSECUTOR – Appellant
Versus
LEO SAY – Respondent


Advocates:
For the public prosecutor - Amelia Tee Hong Geok, FC
For the 1st accused - Y.N. Ngeow; M/s. Ngeow & Co.
For the 2nd accused - G.F. Nelson; M/s. G.F. Nelson & Co.
For the 3rd accused - Jeffrey Fernandez (K. Ramakrishnan with him); M/s. Fernandez & Co.

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 re

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