JUDGMENT

Amelati Parnell J:

Introduction

[1] The Accused Kong Chai Hua was charged with the murder of one Yu Ching San on the 7th of June 2023 at around 7.57pm at Parking Lot 1120 at MDS Supermarket Medan Jaya, Bintulu, Sarawak.

[2] The charge was framed as follows:

That you, on 7 June 2023, at around 7.57 pm at Parking Lot 1120 at MDS Supermarket Medan Jaya, 97000, in the district of Bintulu, in the state of Sarawak, did commit murder by causing the death of one Yu Ching Shan (IC No: 731110-13-6195) and that you have thereby had committed an offence punishable under s 302 of the Penal Code.

The Prosecution's Case

[3] During the trial 19 witnesses was called. The facts of case as outlined in the Prosecution's submission are that on the 7th of June 2023 at about 8.27 pm, the complainant Kpl Mohd Rohaizad bin Mohd Ngadiron (PW2), who is the police officer on duty at IPD Bintulu received information that a man had been found covered in blood at the rubbish bin area in front of MDS Medan Jaya in Bintulu. The complainant subsequently lodged police report BINTULU/5656/23 [Exhibit P26] as the first information report.

[4] On the same day, 7th of June 2023 at about 9.15 pm, the 15 investigation officer DSP Tay Chew Thwa @ Rico Tay (PW19) went to the scene at the parking lot in front of MDS Medan Jaya in Bintulu and found a body covered in blood of which was later identified to be Yu Ching Shan (NRIC No: 731110-13-6195) ("the Deceased"). PW19 also found and seized several other items at the scene consisting of sticks and one Proton Saga Aeroback car bearing registration number ST3474F. PW19 then lodged a police report [Exhibit P69] of his findings.

[5] On the same day, 7th of June 2023 at about 11.30 pm, at S/Lot 41, Jade Garden PH2, Jalan Tun Hussein Onn, 97000 Bintulu, the arresting officer Insp Askandal bin Madin (PW8) had led a team of police officers and arrested the Accused. During the arrest, several items were seized from the Accused including clothings, a pair of slippers, a helmet, a Honda motorcycle bearing registration number QS7352G and its key. The arresting officer lodged an arrest and seizure report BINTULU/5658/23 (Exhibit P44).

[6] Based on police investigation, it was found on the night of 7th of June 2023, the Accused had gone to the parking lot in front of MDS Medan Jaya in Bintulu on his motorcycle and saw the Deceased there. Based on the testimony of PW13 Muhammad Shahrul bin Bolhassan and PW14 Hat bin Dan, the security guards at MDS Supermarket, the Deceased frequented the area to look for boxes at the rubbish bin PW14 even knew the Deceased by the nickname of "Panjang" and could identify the Deceased's Proton Saga Aeroback car as the Deceased was always nearby MDS Supermarket area to look for boxes.

[7] Upon seeing the Deceased at the scene, the Accused approached him and an argument broke out between both of them. As a result from the heated argument, the Accused hit the Deceased from behind repeatedly with a stick. After that, the Accused fled the scene on his motorcycle.

[8] PW15 Muhammad Haris Abdullah, a manual laborer who also frequently goes to the rubbish bin area of MDS Supermarket to rummage for food, was also at the scene at the time. PW15 testified that he was rummaging for vegetables in the bins when he saw the Accused stop his motorcycle behind the Deceased's car.

[9] From the rubbish bin area, PW15 saw that the Accused and Deceased were arguing loudly and ran towards his motorcycle which he parked nearby the Deceased's car.

[10] PW15 saw that the Accused was hitting the Deceased with a wooden stick and proceeded to move his motorcycle as he was afraid that his motorcycle would get damaged. PW15 then went back to the rubbish bin to collect his things.

[11] The CCTV recording provided by MDS Supermarket shows that on the 7th of June 2023 at about 7.41 pm, the Accused was seen going around the parking lot area at MDS Supermarket on his motorcycle. The blue shirt, dark pants and grey helmet worn by the Accused in t