LAW824 On 1st August 2023, Jefri, an accountant, was arrested for the murder of Darlene, a model aged 21: LAW OF EVIDENCE I Assignment, MMU, Malaysia

University Multimedia University (MMU)

Question 1

On 1st August 2023, Jefri, an accountant, was arrested for the murder of Darlene, a model aged 21. Jefri was charged under Section 302 of the Penal Code. The prosecution called several witnesses to prove its case against Jefri. The facts of the case are as follows: The victim was found dead in her apartment at Shah Alam on 31st July 2023 at about 9 am by her regular cleaner, Shanti. Shanti testified that the apartment was properly locked on the day in question and there was no sign of breaking. She used the duplicate key that was given to her by Darlene. She usually comes to the apartment three times a week from 9 am – 12 pm.

The second prosecution witness is Pak Mail, the security guard at the victim’s apartment. Pak Mail stated that on 30th July 2023 at about 9 pm, he saw Jefri drive into the car park with Darlene in the passenger seat. He recognised Jefri as he had been a frequent visitor to the apartment over the last few months. Pak Mail said that Jefri drove a red Ferrari bearing registration number VL 999. A CCTV evidence was also presented to show that the Ferrari went into the apartment at the material time.

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Inspector Charles, the investigating officer was called to be the third prosecution’s witness. He verified Pak Mail’s information to be true and in fact found the same vehicle parked at Jefri’s house when they arrive at his place to conduct his investigation. Inspector Charles also testified that whilst carrying out a search at Jefri’s house, he found a letter written by Darlene to Jefri. In the letter, she (Darlene) had demanded Jefri to leave his wife, Delima as she (Darlene) was then two months pregnant. Darlene further threatened to disclose their affair to Delima if Jefri did not succumb to her demands. Inspector Charles also found a blood-stained screw driver hidden on the booth of Jefri’s car.

Dr. Seah who conducted the post mortem on the deceased was also called to testify. He concluded that the death was caused by multiple stab wounds. The victim had infact bled to death. However, he could not confirm the precise nature of the murder weapon.

Mr. Kuljeet, the chemist who analysed the blood stains on the screw driver testified that the blood found on it corresponds with that of the deceased. Mr. Kuljeet however was unable to discover any finger prints on the screw driver.
The prosecution also called Rafik, Darlene’s next door neighbour. Rafik had just moved in few weeks before the unfortunate event. Rafik testified that on the night in question, he saw a glimpse of a man went out from Darlene’s apartment. Rafik described the man as tall, has dark skin complexion and of solid built. He said “hello” but the man quickly walked away to the lift. The corridor of the apartment was well lighted, but the man that Rafik saw was wearing a hoodie with face mask.

Inspector Charles had conducted an earlier identification parade, and Rafik had identified Jefri as the man he saw on the night in question. Rafik was paraded with other five men, all of whom has a fairer skin complexion. Based on these evidence, the judge decided a prima facie and called Jefri to enter defence. Jefri insisted that he is innocent. He strongly refuted the charge as baseless as he did not know Darlene at all and that on 30th and 31st July 2023, he was at home recovering from flu. Jefri called Dr. Ayob as defence witness. Dr. Ayob confirmed treating Jefri for cough and cold on 30 July 2023. The records maintained at the clinic revealed that a two days medical leave
had been granted to Jefri.

Delima was also called to testify on behalf of the defence. Delima who works as a lecturer at a local university, states that Jefri was sick on those two days but she added that she cannot account for his movements on both the days as she was away at work in Penang. She however remembers calling him through his mobile during dinner on both the days to check on him. On both of those occasions, Jefri said that he was resting in bed. Advise the judge on the relevancy and admissibility of the evidence presented by the prosecution and the defence.

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