440 Malayan Law Journal [2010] 4 MLJ (ag) that the blood stains, on the parang (P22) and sheath (P24), were that of the deceased; A (ah) that on 12 November 2003, between 12am and 1pm, Wong Wing Hing received a call from Dexter, the fourth child, requesting him to search for him in the vicinity of Permai as he was faced with a problem; (ai) that SP17 (Wong Wing Hing), SP18 (Ng Hon Boon) and SP19 (Lim Sein Lock) went to a Shell station at Subang Permai in ‘search’ of Dexter; B (aj) that at the Shell station, Dexter and the first accused (Jimmy) came running from behind the Shell station and entered the back of SP19’s car; (ak) that SP18 saw blood marks, on the T-shirt of Dexter and Jimmy, while they were at the Shell station, when he turned his head and looked at the back of the car for about ten seconds, upon Dexter and Jimmy entering the back of the car; C (al) that from the Shell station, Dexter and Jimmy went to SP17’s house, arriving at about 1am, on 12 November 2003, in the car driven by SP19; D (am)that at the house of SP17, Dexter had a bath and a change of shirt; Dexter wore a shirt of SP17 after his bath; that SP17 observed the shirt worn by Dexter, before his bath, appeared to be dirty, as if stained in blood; that SP17 did not know where Dexter had placed the clothes he had worn, prior to his bath; E (an) that the T-shirt (P30) was seized from first accused’s house on 15 November 2003, the day of his arrest; (ao) that the T-shirt (P30) had blood stains which blood stains were that of the deceased; (ap) that the dog ‘DUKE’, from the dog unit, had traced the scent of a person or persons from the back of the house of the deceased, along a route that led to a Shell petrol station, about 1000 meters away; In the circumstances, there was incontrovertible evidence that the first accused and the fourth child were in the vicinity of the deceased’s house, between 12.10am and 12.30am, on 12 November 2003, because first accused was seen by SP8 and, thereafter, the first accused and the fourth child were picked up from the Shell station (which was about 1000 meters from the house of the deceased) by SP17, together with SP18 and SP19, in the car driven by SP19. Since blood stains were seen on the shirts of the first accused and the fourth child, by SP18, when both of them entered the back of the car, coupled with the undisputed fact that the fourth child had changed his shirt (which was blood stained and dirty) and the recovery of a shirt, which had the deceased’s blood stains on it, at the flat of the first accused, on 15 November 2003, there was strong circumstantial evidence to incriminate them with the offence charged. There has to be a satisfactory explanation as to how and why the blood stains were found on their shirts. F G H I

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