854
Malayan Law Journal
[2011] 7 MLJ
Both Nur Hanani and Zalina had left her alone in the apartment after they had
left off to their respective work places in the morning. SP4 had left her set of
keys to the apartment with Siti Zawiah her which the latter was to hand over to
SP4 when they meet up at the bus station in Rawang later in the evening, where
Siti Zawiah was to catch a bus on her way back to Kota Bharu. That was the
proposed and professedly agreed plan between them.
[3] But when SP4 called Siti Zawiah in the evening to remind her of their
meet up at the bus station at Rawang town, there was no answer and although
her subsequent SMSes (short messaging service) to Siti Zawiah were answered
to the effect that she was on her way to the station but was caught up in a traffic
jam as it was raining, Siti Zawiah never turned up at the station as planned
earlier. At about 8pm that night, SP4 then headed for home to her apartment,
having waited for Siti Zawiah in vain.
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[4] When SP3 arrived at the front of her apartment at about 12 midnight,
she opened the grille door. She then went on to enter into the hall in her
apartment through the wooden door. After switching on the light she saw Siti
Zawiah’s bag was still in the living hall in the apartment. As she proceeded
further inside the apartment, she heard a noise that sounded like someone
breathing heavily but slowly, as if in exhaustion after a run, coming from inside
the apartment but she could not tell its exact source. As she tried to hear more
closely, she heard her neighbour’s apartment’s door being opened and shortly
afterwards, she saw Zalina (SP4) and her neighbour standing at the door of
their apartment. Zalina told her that she had no key to open the apartment’s
door, as she had left her keys to Siti Zawiah. SP3 said at that point in time, the
noise had become louder and all of them were too scared to proceed further
into the apartment. At that time too, a man whom they knew as ‘Boy’
happened to come up the stairs on his way up the apartment block and they
had asked him to accompany them to enter into the apartment, to which he
had obliged. By then, they could already tell that the noise had come from
inside Zalina’s room but when they tried to open the door to the room, they
found that it was locked. SP3 managed to locate the spare key to that room and
with it they managed to open the door. They then switched on the light in the
room and to their horror and shock they saw Siti Zawiah was writhing in pain
on the floor in the room. She said that she saw blood all over Siti Zawiah’s head
and there was a piece of rafia string that appeared to have been tied loosely
round her body. The sarong that Siti Zawiah was wearing had been raised to her
waist and the shirt that she was wearing had been pushed upto her chest and
half her hair have covered her face.
[5] After appropriately covering Siti Zawiah, they brought her to the
Selayang Hospital with the assistance of Zalina’s auntie. Both SP3 and SP4
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