DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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10 passenger of the said motorcar was as a result of “menebas hutan ketika pergi memancing” (clearing a path through the forest while out fishing). The driver of the Proton GEN-2 invited SP15 to open the boot of the said motorcar and on opening SP15 found paraphernalia connected with fishing and there was also a container containing a few fish. SP15 then closed the boot of the Proton GEN-2 motorcar and directed his men to handcuff the driver of the said motorcar. But the driver of the said motorcar became aggressive and put up a fight in an attempt to prevent his hands from being handcuffed. When the right hand of the driver of the said motorcar was handcuffed, he continued to struggle and made an attempt to get nearer to the driver’s seat of the said motorcar. But he was unsuccessful because SP15 prevented him from doing so. However, the driver of the said motorcar only managed to grab the cover of the driver’s seat which caused the cover to be exposed. At that moment, SP15 saw a pistol located underneath the seat cover. SP15 then directed his men to handcuff both hands of the driver of the said motorcar. But the driver of the said motorcar continued to struggle and he was eventually subdued when he was pinned down onto the road surface. [18] Both the driver of the Proton GEN-2 and the passenger were taken to the Kuala Pilah district police headquarters in separate vehicles. While SP15 drove the Proton GEN-2 with SP6 to the police station and the
11 pistol which was located underneath the seat cover of the driver’s seat was left untouched. [19] On arrival at the police station, SP15 parked the Proton GEN-2 at the parking lot meant for the district police chief and directed lance corporal Zamzuri to encircle the said motorcar with the police tape. SP15 then proceeded to the inquiry office where both the driver and the passenger of the Proton GEN-2 were waiting and SP15 directed that they be taken to the briefing room. [20] At the briefing room, SP15 bodily examined the driver of the Proton GEN-2 witnessed by SP16 and SP15 found one wallet on the right pocket of the driver’s trousers. On opening the said wallet, SP15 found a police authority card in the name of Mazlan bin Othman, one identity card in the name of Mazlan bin Othman and cash amounting to RM270.00. The driver of the Proton GEN-2 was duly identified as Mazlan bin Othman and hereinafter he will be referred to as the “appellant”. Next, SP15 proceeded to examine the appellant further by putting SP15’s hands inside the front right pocket of the appellant’s trousers and found a bundle of jewelleries mixed together with glass splinters. SP15 took out the bundle of jewelleries and found them to comprise of eight (8) gold chains of different sizes. A further examination of the appellant revealed the recovery of a chocolate
Page 1 and 2: 1 DALAM MAHKAMAH RAYUAN MALAYSIA (B
Page 3 and 4: 3 iaitu sepucuk pistol telah menyeb
Page 5 and 6: 5 10.10.2007. Exhibit “P9” was
Page 7 and 8: 7 robbery and he circulated that in
Page 9: 9 downwards. When the driver of the
Page 13 and 14: 13 (e) one red and blue coloured ba
Page 15 and 16: 15 motorcar was stopped, SP15 told
Page 17 and 18: 17 [32] The appellant testified tha
Page 19 and 20: 19 said, “Haizat, tolong aku ni p
Page 21 and 22: 21 S : Kamu tidak pernah berjumpa O
Page 23 and 24: 23 irresistible inference that the
Page 25 and 26: 25 advice of Suffian LP in Jayarama
Page 27 and 28: 27 driver’s seat of the Proton GE
Page 29 and 30: 29 CPC for the government chemist t
Page 31 and 32: 31 GEN-2 motorcar had just been use
Page 33 and 34: 33 “Finding dalam P6 ini adalah d
Page 35 and 36: 35 Pilah-Seremban road some 15 kilo
Page 37 and 38: 37 [66] Learned defence counsel was
Page 39 and 40: 39 [74] The strength of the prosecu
Page 41 and 42: 41 these assumptions are mere specu
Page 43 and 44: 43 [86] It was also submitted by le
Page 45 and 46: 45 [91] So, at least ten (10) days
Page 47 and 48: 47 [94] The sum total of it all wou
Page 49 and 50: 49 ini telahpun disangkal seawal ya
Page 51 and 52: 51 findings of fact arrived at by t
Page 53 and 54: Rebuttal evidence 53 [108] The appe
Page 55 and 56: 55 legal basis for the reception of
Page 57 and 58: 57 from the same Styer pistol (exhi
Page 59 and 60: Counsel 59 (1) For the Appellant Ac

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