[2011] 7 MLJ
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Public Prosecutor v Muhammad Rasid bin Hashim
(Abang Iskandar J)
859
house-keys belonging to SP4 which SP4 had left with the deceased, had further
bolstered the inference that he was concerned with the incident involving the
deceased a few days prior.
[19] There was also the evidence of Encik Sukri Palutturi (‘SP11’) who had
told this court that at the material time, he was staying at the same apartment,
Blok Kekwa and that on 9 March 2006, he was off-duty as a security guard. He
said that at about 2.30pm on that day, he was making his way down the
staircase from his apartment unit, when he had to go pass by the accused whom
he saw standing on the stairs near the second floor. At that instance too, he also
said that he also saw a lady clad in red T-shirt and wearing sarong batek
standing in front of the door of apartment unit No 02–04, namely the SP4’s
apartment unit where the deceased was staying with SP3 and SP4. SP11 said
that he was quite familiar with the accused by sight. He also identified the
accused as the brother of ‘Maknya Hakim’, referring to the fact that the accused
was the brother of the mother of a boy by the name of Hakim. According to
him, the accused even greeted him that day. At the subsequent ID parade, SP11
had positively identified the accused without much difficulty. He had also
identified the lady clothings which he said were worn by the lady whom he said
he saw in front of the door of unit No 02-04 of his apartment. He said that he
could recall the lady had smiled at him when he went pass her on that day. As
regards his identification of the accused, he said that although he did not know
him by name, he was familiar with him, being in the same neighbourhood and
he know that the accused stayed with his sister in the same apartment block
Kekwa. Actually according to his evidence, the accused did in fact greet him as
he was passing by him at the staircase at the second floor as follows: ‘Pakcik
hendak ke mana?’ and to which SP11 had replied that he had wanted to go to
Rawang town to buy a memory card. This piece of evidence was not challenged
by the defence. According to him too, when he had returned from Rawang at
about 5pm that day, he did not see the accused and the lady in red T-shirt at the
same place at level 2 at Blok Kekwa anymore. The value of this piece of
evidence, if accepted by this court, would lie in the fact that it showed that there
was opportunity and would point to the probability that indeed the accused
was in close proximity with the deceased before the approximate time of these
offences.
[20] The two key witnesses, SP3 and SP4 had also identified several items
that were found and recovered by the police CSI forensic team at the scene of
the crime, and SP4 in particular had identified the electric iron (‘P10B’) in this
court as belonging to her. She had also noticed that the handle to the said P10B
had now been fractured/broken and that the white cord attached to it had dark
spots on it. The evidence of Chief Inspector Collin Babat (SP7), the lead CSI
officer, had shown to this court that among the items that he had seized from
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