DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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the exhaust of the motorcycle and one bullet casing found at the scene of
the crime.
The appellant’s defence given on oath
[30] It was an alibi defence. That the appellant was not at the scene
of the crime at the material time but was with his relative by the name of
“Uda” (Hasnan bin Abdul Malek (SD3)) at the Kuala Pilah Bazaar
Ramadan between about 2.30 p.m. to about 3.30 p.m. on 9.10.2007. That
the appellant’s motorcar was left with his friend, who was the deceased.
That the appellant’s hand gun as well as his hand phone had all been left in
his motorcar. That it was SP15 who had put the bundle of jewelleries inside
the front right pocket of the appellant’s trousers at the police station when
the appellant was blindfolded. That the appellant denied firing any shot
from his service pistol be it on 8.10.2007 or on 9.10.2007. That the
appellant did not know who had fired from his Styer pistol. That the Styer
pistol was issued by the Police DiRaja Malaysia (“PDRM”) in his name.
That on 9.10.2007, the pistol was not kept on his waistband throughout the
day (“tidak sentiasa berada di pinggang saya”).
[31] The appellant also denied committing the robbery and firing the
shot from his service pistol on 9.10.2007 at the goldsmith’s shop. The
appellant alleged that his pistol was used by someone else.