438 Malayan Law Journal [2010] 4 MLJ narration of events, their observation or non observation as to time or other details, which might be considered relevant by one party but not by another (depending on whether such evidence is considered in isolation or in the context of the totality of other evidence touching on the issue, I find the following as established beyond reasonable doubt: A (a) that on 11 November 2003, the deceased, together with his wife (SP20) and her two daughters (the second and third child), had dinner together as a family in their house No 30 Jalan USJ 1/4E between 7pm and 8pm; B (b) that second and third child went to bed upstairs at about 10pm. Each occupied a separate room on their own; (c) that the deceased and his wife were watching TV downstairs after dinner. At about 11pm there was a phone call on the house-phone downstairs. The deceased answered the phone but, there was no response from the other end by the caller; (d) the deceased and his wife went upstairs to sleep in the master bedroom, at about 11pm; C D (e) the landing light was not switched off; (f ) the second child (Ku Sue Yin) made a telephone call to Chen Boon Chin (SP13) at about 12.10am, on 12 November 2003 from her house, inviting him to meet her to have a drink at a restaurant, very close to her house; SP13 accepted the invitation and proceeded in his car to the restaurant from his house; E (g) the second child climbed out of the window of her room hurriedly immediately after her call to SP13; (the only reasonable inference from the evidence of SP13 with regard to the time of the call from the second child and, the evidence of SP20 that there was a knock on her bedroom door at about 12 midnight); F (h) the first accused was in the vicinity of the deceased’s house at about 12 midnight, as he was met by the second child while walking from the back-lane of the house to the restaurant nearby, to meet SP13; G (i) the third child (Ku Sue Kin) did not leave the house, after going to bed on 11 November 2003, as planned with Foong Mae Sze (SP8), who had came to meet her at the back-lane of the house between 11pm (11 November 2003 and 12.10am (12 November 2003); (j) that there was a knock on the bedroom door of the deceased and his wife at about 12 midnight, on 11 November 2003; H (k) that the deceased’s wife (SP20) got up and went to the door but, there was nobody at the door; (l) that the staircase light was on; (m) that SP20 went to the second child’s room to check whether she was okay and, she opened the door of the child’s room slowly, the light in the room was not switched on; suddenly, a guy attacked her from inside the room using some weapon; she became scared and closed the door; she opened the I

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