Identification and compelling forensic evidence can corroborate eyewitness testimony to establish guilt in murder cases under relevant laws.

The Charge

"Bahawa kamu bersama-sama pada 30 January 2015, di antara jam 9.00 malam sehingga 11.00 malam, di No 82, Matang Family Park, Jalan Matang, dalam daerah Kuching, di dalam negeri Sarawak, bagi mencapai niat bersama kamu telah membunuh Hii Nek Kah (L) (KPT: 481010-13-5727), dan dengan itu kamu telah melakukan suatu kesalahan dibawahs 302 Kanun Keseksaan dan dibaca bersama s 34 Kanun yang sama."

Brief Facts Of The Case

[1] The fact of the case could be deduced from the prosecution evidence. It may be stated as follows: Hii Nek Kah (the deceased) was the owner of the house situated at the address as per the charge. At that time, he was renovating the house to operate it as a home-stay business. He had engaged a contractor to carry out the renovations. Some employees of the contractor were given a place to stay at the workers' quarters near the said house during the renovations. One Lee Nam Huing (PW1), a friend of the deceased, who helped with painting in the house, stayed in the house to accompany the deceased.

[2] On 30 January 2015 at about 9.00 pm., the deceased woke PW1 from his sleep after the deceased's car alarm went off. While they were talking in the dining room, two persons entered the house through the back door of the house, one with a knife and one with a stick, approaching towards them. PW1, upon seeing the two persons armed with the weapons, warned the deceased of the intruders and ran inside and locked himself in his bedroom. He heard the deceased calling out for help and someone knocking on the door trying to open the door of his bedroom. PW1 escaped from his room by using the bedroom window and ran to the road nearby seeking for help.

[3] PW1 stopped a car asking for help from the driver who took him to a police station where PW1 told the police about what happened. He also informed the family of the deceased. Two sons of the deceased including Hii Ing Poh (PW2) arrived at the house before the police. They found the gate was not in its place and their father's Toyota Prado vehicle had gone missing. They called out their father's name but there was no answer and the front door of the house was locked.

[4] PW2 went to the back of the house and found the backdoor open and there was a hole in the door He entered the house and found his father lying on the floor The father was dead. He found that a drawer in his father's bedroom had been forced open, and cash amounting to RM7,000. 00 and his father's two hand-phones were missing. Later, PW1 lodged a police report (exhibit P4). PW2 also lodged a police report (exhibit P18).

[5] At about 11.00 pm of the same night, a police mobile patrol, carrying out random checks at the Kuching waterfront, stopped a Toyota Prado bearing registration No QC 9935. There were six persons in the vehicle, later identified as Mohamad Nazarie b Halidi (1st accused), Suffry anak Empi (2nd accused), Nizam bin Roslan (Nizam), Noraini binte Kifflie (Noraini), Justira bin Mohd Kuan who was also known as Dedeng (Justira/ Dedeng) and a child. When the police stopped the vehicle, Nizam and Justira tried to run away. The police managed to apprehend Nizam but failed to apprehend Justira.

[6] The 1st accused, 2nd accused, Nizam and Noraini were detained for questioning at the Kuching Central Police Station (CPS). PW2 identified the said Toyota Prado vehicle as belonging to his deceased father.

[7] After completion of police investigations, the 1st and 2nd accused persons were charged for the murder as per the charge. The other three adult persons inside the Toyota Prada that was stopped later that night by the police at the Kuching water