Abdul Malik Ishak JCA

THE APPEAL

The appellant (‘the accused’) was charged with an offence of murdering Ng Weng Beng, NRIC No 580307–11–5261, on 16 August 2002 at about 8.30pm at shop No 334–335, Taman Sri Manir, in the district of Kuala Terengganu, in the State of Terengganu, an offence punishable under s 302Penal Code

After a full trial, the accused was found guilty by the High Court of murder, and he was sentenced to death. Aggrieved by the decision of the High Court, the accused filed an appeal to this court against his conviction and sentence.

THE FACTS

An eye witness by the name of Lee Kim Choo (‘SP8’) gave evidence for the prosecution. SP8 was a canteen operator and she resided at No 266, Taman Sri Manir, Kuala Terengganu. She did not know the real name of the deceased but she knew him by the name of ‘Ah Meng’. She admitted that the deceased was her friend. She also admitted that she knew the accused and called him by the name of ‘Ah Fong’. She testified that she knew the accused for approximately four years and that the accused was single.

SP8 identified Ng Ka Chun (‘SP9’) as the son of the deceased. According to SP8, the deceased and SP9 stayed in a house which was located in th