[2011] 7 MLJ
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Public Prosecutor v Muhammad Rasid bin Hashim
(Abang Iskandar J)
861
given to him. In other jurisdictions, a false statement made by an accused
person concerning the surrounding circumstances in which an offence was
committed whilst he had an opportunity to commit the offence can be
regarded as corroboration of the evidence against him: Eade v The King (1924)
34 CLR 154 and also R v Lucas (Ruth) [1981] 3 WLR 120. ‘We accept the
decisions in these cases to be good law. In this case we hold that the
representation he made to PW4 regarding the purpose of borrowing the car was
a deliberate lie and is therefore a corroborative evidence against him for which
he must explain. Such lie is a reflection of his consciousness of guilt as regards
the use he intended to make of the car in question. Reverting back to this case
before me, the only reasonable inference must be that it was the accused who
had caused those replies to SP4’s SMSes, as red herrings, to falsely assuage SP4’s
concerns about the deceased’s whereabouts at that time. So, these had been lies,
deliberately perpetrated by the accused and were corroborative of his guilty
mind in the commission of the offences as per the charges preferred against
him.
[23] As could be recalled, Siti Zawiah was sent to the Selayang Hospital and
that she had died shortly after arrival there. An autopsy was performed on her
body by the pathologist, Dr Mohd Shah bin Mahmood (‘SP5’). According to
his evidence before this court, the deceased had suffered multiple injuries. One
such injury had been the one he saw and examined at the forehead of the
deceased. The photographs marked as P6(E) and P6(H) would show the said
injury. This injury according to SP5 had most likely caused the death of the
deceased as it had affected the membrane underneath the brain. The injury was
caused by a hard blunt object with a flat surface and a sharp edge and he
concluded it could have been caused by a hard hit by using an object such as an
electric iron, and he had opined that P10B (the electric iron) could have caused
such injury suffered by the deceased on the forehead. Now, looking at the
analysis of the specimen marked as ‘E6B’ (swab of sweat) taken from the
broken handle of the P10B by SP7 (the CSI lead officer), the chemist (‘SP8’)
had found that the mixed DNA profile developed therefrom had been
contributed by the accused and the deceased. So, the inevitable, yet reasonable,
inference to be derived from this circumstance must be that both the accused
and the deceased must have grappled on the electric iron by its handle (P10B)
and the deceased must have tried to resist the accused’s attempt to use it to hit
her, but to no avail. The accused had therefore successfully inflicted on the
deceased, the fatal injury to the forehead. Based on the evaluation of these
evidence, I had so found such to be the factual circumstance pertaining to the
P10B and the fatal injury on the deceased’s forehead.
[24] The SP5 also was of the considered view that the death could have been
caused by the break of the hyoid bone inside the neck area and this could have
been caused by strong force having been applied there such as strangulation of
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