Beruflich Dokumente
Kultur Dokumente
Boon
[2009] 7 CLJ 463
HIGH COURT MALAYA, JOHOR BAHRU
Kee Zhi Heng Kee Hang Boon Chua Chee
(deceased) (accused) Leng ('CCL)
Dr Maziah
The accused was originally charged with murder, by causing
the death of one Wesley Kee Zhi Heng ("the deceased")
punishable under s. 302 of the Penal Code ('the Code').
At the close of the case for the prosecution, the charge was
reduced to one under s. 304A of the Penal Code.
The evidence adduced showed that on 4 March 2007, SP3
had received a call from one Dr Maziah of Hospital Pakar
Puteri, Johor Bharu, who informed him that one Chinese baby
boy aged five months was admitted to the said hospital.
It was suspected that the boy (later identified as the
deceased) was abused. The deceased later died at the
hospital. The post mortem revealed that the cause of death
was due to blunt trauma of the head.
The accused was the father of the deceased and was
suffering from Huntington Disease, the effect of which the
accused was unable to control his movements.
The mother of the deceased and wife of the
accused, one Chua Chee Leng ('CCL') was the
single and most important witness for the
prosecution. She was the sole eye witness to the
incident. CCL could not be located and the
prosecution, relying on s. 32(1)(i) of the Evidence
Act 1950, tendered her two s. 112 statements
(exh. P17 and exh. P18).
Exhibits
On 4/3/07 at approximately 11 pm, I was at my sister in law's house.
Not long after I sleep, my son woke up crying. When my husband
took my son, my husband missed my son and my son fell down in
front of me, which was between me and my husband. I saw and was
surprised because my son fell and he fell head first on the floor. I saw
my husband did not know what he did. - exh. P17