DALAM MAHKAMAH RAYUAN MALAYSIA (BIDANG KUASA ...

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6 of Taman Pilah Perdana. It was on 9.10.2007 at about 3.20 p.m. when he heard a loud noise emanating from a motorcycle. He was on his way to the snooker centre. He focussed his attention towards the motorcycle and he saw two male persons wearing crash helmets who were riding the motorcycle in a hurried manner and parked the said motorcycle by the side of the road without switching off the motorcycle’s engine and rushing towards a GEN-2 motorcar, orangey red in colour, that was parked across the street facing the direction of Seremban. Witnessing such an alarming episode prompted SP3 to call the emergency number 999. SP3 described the two male persons in this way. The rider of the motorcycle was bigger and taller than the passenger who sat on the pillion. [11] SP3 saw the two male persons entered the GEN-2 motorcar and the said motorcar then sped off in the direction of Seremban. According to SP3, he was unable to see the faces of the two male persons because they were wearing crash helmets. SP3 was also unable to remember the registration numbers of the motorcycle and the GEN-2 motorcar. After SP3 had called the emergency number 999, he met three policemen and he quickly told them what he had seen. [12] Corporal RF 126064 Md Zarin bin Abd Samad (SP14) was on duty on 9.10.2007 at about 3.20 p.m. at the control centre of the Kuala Pilah district police headquarters when he received information about the
7 robbery and he circulated that information via telecommunication as well as informing the duty investigating officer, Inspector Pusparani a/p Palaniandy, about the incident. SP14 also lodged the first information report on 9.10.2007 at about 4.26 p.m. vide Kuala Pilah report number 003110/07 marked as exhibit “P36”. [13] On 9.10.2007 at about 3.30 p.m., Chief Inspector Noor Azhar bin Noor Mohamed (SP15) was on duty at the ceremony for the road safety campaign at Complex Rakan Muda, Kuala Pilah when he received information via walkie talkie from the operation room of the Kuala Pilah district police headquarters about the robbery at the goldsmith’s shop at Kuala Pilah town. That information pertained to two male suspects that fled using a motorcycle and proceeded in the direction of Bahau. Based on that information, SP15 set up two police teams comprising of SP15 himself and Chief Inspector Mat Ghani bin Lateh (SP16) with a few other police personnel. SP15 and his police personnel used two vehicles. SP15 used a police Kancil motorcar together with Sergeant Major Sulaiman and Constable Farid and they headed towards Seremban. [14] On the way to Seremban, SP15 received information from the Kuala Pilah operations room that members of the public saw two male persons behaving in a suspicious manner entering into an orangey red coloured Proton GEN-2 motorcar and the said motorcar was driven at a
Page 1 and 2: 1 DALAM MAHKAMAH RAYUAN MALAYSIA (B
Page 3 and 4: 3 iaitu sepucuk pistol telah menyeb
Page 5: 5 10.10.2007. Exhibit “P9” was
Page 9 and 10: 9 downwards. When the driver of the
Page 11 and 12: 11 pistol which was located underne
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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