[2010] 4 MLJ A B C Low Kian Boon & Anor v Public Prosecutor (Heliliah FCJ) 453 Any suggestion that exhibit P30 is not the T-shirt seized by SP23 from the first accused’s flat on 15 November 2003, is untenable. Any imputation that the police have fabricated the evidence relating to this exh P30, is totally unfounded, upon a proper and careful evaluation of the evidence given by SP23, SP26 and SP2, in the context of its discovery and seizure at the first accused’s flat on 15 November 2003, its custody, control and packing, thereafter, by SP23, the delivery of same to the chemist (SP2), and the chemist report (P18) thereon. In the above circumstances, I am entirely satisfied P30 produced in court is the very same T-shirt seized by SP23 at the first accused’s flat on the date of his arrest, on 15 November 2003, after his return from Johore Bharu, notwithstanding SP23’s initial response in examination-in-chief that P30 was not the T-shirt he seized at the first accused’s flat on 15 November 2003, upon same being shown to him by the learned DPP, for identification in court. The gist of it as that the HC judge accepted the explanation forwarded by SP23 and concluded that there is no confusion about the T-shirt. D E F G H I [33] The issue of the T-shirt allegedly worn by second appellant could also be mentioned in this context. Again what is in question here is a T-shirt that apparently was blue in colour. This shirt was according to the evidence of prosecution witness SP17 taken off in SP17’s house where he had a bath and a fresh change of shirt. It would appear from the evidence however that the HC judge rejected any suggestion that a gap had arisen where the T-shirt seen to have been worn by the second appellant (or described as the ‘original T-shirt’) was not produced as an exhibit with the resultant effect that no DNA-profiling of blood was effected unlike P30 where the blood DNA profile matched that of the deceased. The evidence led also disclosed that neither SP17, SP23 or SP24 was questioned about an alleged seizure of yet another T-shirt from the second appellant’s house. The suggestion that there was a T-shirt seized and belonging to the second appellant only arose at the defence stage. This may indeed be a subtle yet subterfuge in the sense that by creating a situation where there is a T-shirt that is not found or located a gap could therefore be found in the case for the prosecution. It is understood to infer that the non-production of the T-shirt where blood stains were mentioned in the evidence of SP17 and SP8 could therefore cast doubts. The HC judge in his grounds of judgment stated the following on this issue: The evidence, that he changed his T-shirt after the bath, and that blood stains were seen on his shirt when he entered the car at the petrol station, must irrefutably suggest that the fourth child was most certainly inside the house of the deceased, at the time the deceased was attacked or soon thereafter. His evidence, that he was dropped off at the Shell petrol station, and that he was waiting at the petrol station for the arrival of Ivan and Jimmy with their respective girlfriend, is definitely a blatant lie. His evidence, that the police had seized a shirt in his house on 13 November 2003, is clearly a lie, too, because the police had not produced any shirt in court seized from his house. His attempt to create doubts that the T-shirt worn by him on the day of the incident had any blood stains because the police did not

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