4-743/06 between encik adar bin ya and proton ... - Industrial Court

Miss Zarina (Zarina) shouted to him that the said two are starting to fight
so he went to the place and try to break the scuffle. At that place also
he saw Mr. Mahadi (Mahadi) was lying on the floor with a screwdriver in
his hand and Sugimoto was still kicking him. COW1 then managed to stop
Sugimoto and brought him to the front portion of the area and while
waiting for the car he said the claimant came to them with a “parang”
and the claimant also told Sugimoto not to come again to the shop. After
the car came, COW1 said they left the place with Hatai. COW1 also
admitted that he did give evidence during the DI. During examination in
chief, COW1 testified that when Sugimoto and Mahadi were fighting the
claimant was nearby and he only observed and did not do anything. COW1
further testified that he did not see Sugimoto kicked or hit the claimant.
To give a clearer picture of the incident, the claimant also drew a sketch
plan (enclosure 11) of the area indicating the place where the claimant
came with a “parang” ( the place was marked as “Z” in the sketch plan).
According to COW1, the claimant was angry when he spoke to Sugimoto
and at that time he was showing the “parang” to Sugimoto. COW1
confirmed that Sugimoto did not harm the claimant but was more
interested to go back to the where Mahadi was. He also confirmed that
he did not see Sugimoto hitting the claimant. The second witness for the
company is Zarina binti Che Omar @ Mahmud. COW2 also gave oral
evidence in court. In her oral testimony, she said that at the material
time she worked as the Administrative Assistant of the company.
Pertaining to the said incident, COW2 confirmed that she had prepared a
written report (page 11 of enclosure 7) and also gave evidence as a
witness in the Domestic Inquiry (DI) against the claimant. Regarding the
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