452 Malayan Law Journal [2010] 4 MLJ [1969] 2 MLJ 49, Lim Ah Poh v Public Prosecutor [1992] 1 SLR 713, Ng Kwee Seng v Public Prosecutor [1997] 3 SLR 205, Yap Giau Beng Terence v Public Prosecutor [1998] 3 SLR 656 and Syed Jafaralsadeg bin Abdul Kadir v Public Prosecutor [1998] 3 SLR 788. These cases thus stand for the principles that findings of fact by the trial judge are prima facie correct unless there are very good grounds for disturbing them. More recently in Che Omar bin Mohd Akhir v Public Prosecutor [2007] 4 MLJ 309; [2007] 3 CLJ 281 Nik Hashim FCJ in writing for this court at p 318 (MLJ); p 294 (CLJ): A B C It is trite law that an appellate court should be slow in disturbing a finding of facts by the trial judge unless such finding is clearly against the weight of evidence which is not the case here. D [31] It is submitted before us that there are material flaws in the case for the prosecution emerging from questionable evidence relating to exh 30 and exh 51. Exhibit 30 is the T-shirt retrieved from the flat where the first appellant stayed with his mother and sister. In this appeal however there are two T-shirts that have been considered, one that was worn by the first appellant and the other by the second appellant. [32] The T-shirt retrieved from the flat is described as ‘BONTTON CLASSIC’ on which was seen evidence of blood. Together with the T-shirt were seized a pair of jeans and a pair of shoes. The quibble over the T-shirt is best explained as to how it was dealt with the HC judge in his judgment (RR Vol 2(7) p 2712). The T-shirt sent as one of the samples to the chemist (SP2). The HC judge examined the chain of events whereby sample B1 is the T-shirt ‘BONTTON’ as described in police report P68. The HC judge gave his conclusion as follows: In the light of the evidence of SP2 and the evidence of SP23 and SP26, I have no hesitation in finding that the grey T-shirt exh P30 is the very same T-shirt which was seized on 15 November 2003 by ASP Ratna from first accused’s flat. As to why SP23 described the T-shirt seized as ‘blue’ and as to why his initial response that P30 was not the T-shirt seized by him, was clarified by him immediately. The fact the T-shirt seized was in fact a grey T-shirt is corroborated by the police report P68 and the evidence of SP26 who had witnessed the seizure by SP23. Furthermore, SP23 had packed and sealed the shirt he had seized in envelope marked ‘B1’ and SP2 had testified envelope ‘B1’ had contained a grey T-shirt. There was no evidence at all that SP23 had seized more than one T-shirt from the flat of the first accused on 15 November 2003 to infer or impute that the police are withholding any material evidence. E F G H I

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