872
Malayan Law Journal
[2011] 7 MLJ
statement from the dock. As such, it was not evidence given under oath. In fact,
it was a prepared written statement, which was duly tendered in this court as
D64.
[39] From his prepared written statement (D64) which he had read from the
dock, the accused had said that on the day of the incident, he and his friend by
the name of Roslan had approached the deceased whom they had befriended a
few day earlier, for the purpose of the accused borrowing some money from her.
To be exact, he had wanted to borrow RM20 from her. According to the
accused, the deceased had not acceded to his request as she herself had no
money. But the accused refused to believe her explanation. According to him,
she had instead, in a loud voice asked them to leave her alone. Despite their plea
to her to lower her voice she had allegedly persisted in asking them to leave the
house in a loud manner. Because of this, the accused said that without himself
realising it he had covered the deceased’s mouth while at the same time he had
pushed her into the house so that no one would see him and his friend at the
house and so that the deceased could no longer scream. At that juncture, it was
his version of the event that the deceased had bitten at his finger and he had
reacted by pushing the deceased even harder. At that time too, according to the
accused, he had an asthma attack but he could still struggle with the deceased
in order to release his finger from the deceased’s bite. According to the accused,
the deceased shouted even louder and then ran into one of the rooms inside the
house. Both the accused and Roslan followed her into the room with a view to
calm her down but apparently to no avail. Then at that moment inside the
room, to quote the accused’s own words in D64, he said: Pada ketika itu, saya
tak tahu dan tak ingat lagi apa yang berlaku. When he finally came to, the
accused said that he saw blood on the deceased’s head. He also said that he
found Roslan standing at the side of the deceased, whom he saw lying
motionless on the mattress. Roslan, according to the deceased then went out of
the room to check whether anybody would come into the house. Meanwhile,
according to the accused, he saw the deceased’s sarong and had been pushed
down to her ankles and that she was clad in only her underwear and a T-shirt.
Upon seeing that, the accused said that he had proceeded to fondle her breasts
and that he had then ejaculated in the direction of the deceased’s private part.
He also said that he had put his middle finger into the deceased’s private part
twice. When he saw blood flowing out from the deceased’s head he became
panic and quickly left the room. On the way out of the room, the accused said
that he saw a purse and a handphone which he said he had also taken them
away with him. According to him, Roslan was still inside the house when he left
the house. The accused then said in D64, that he had then gone back to his
sister’s house. Inside his sister’s house, the accused had packed his bag and when
he went back to the deceased’s house, he found that the house was locked from
inside. Feeling panicked again, the accused said that he was then not concerned
about Roslan anymore and he then proceeded to Rawang town where he then
took a commuter train ride to KL Sentral. It was also in his statement D64 that
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