DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

35
Pilah-Seremban road some 15 kilometres from the Kuala Pilah
town with another person by the name of Zulkipli bin Ali (NRIC
No: 610428-10-5021) as reflected in the police report lodged by
SP15 on 9.10.2007 at about 8.12 p.m. (see page 88 of the
appeal record at Jilid 2) who sat at the front passenger seat of
the said motorcar;
(h) that the police report lodged by SP15 mentioned the name of the
appellant and also mentioned the recovery of a bundle of
jewelleries from the right pocket of the appellant’s jeans (8 utas
rantai emas di poket jeans sebelah kanan); and
(i) that the appellant was a police sergeant attached to the Dang
Wangi police station and his service pistol was recovered from
his motorcar – the orangey red GEN-2 motorcar.
[62] All these, plus the other evidence alluded to earlier, established
a prima facie case against the appellant on both the charges. Indeed this
was what the learned JC held at the close of the prosecution’s case. At
page 33 of the appeal record at Jilid 1, the learned JC had this to say and
we agree with him:
“Di akhir kes pendakwaan, Mahkamah berpuashati bahawa pihak
pendakwaan telah berjaya membuktikan kes prima facie bagi keduadua
pertuduhan terhadap OKT. Oleh itu OKT dipanggil membela diri.
OKT telah memilih memberi keterangan bersumpah di kotak saksi.”