Burger seller ordered to make defence on murder charge

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PUTRAJAYA: The Federal Court here has ordered that the trial records from a previous criminal case of a burger seller, revealing his modus operandi, be admitted as evidence in the present murder trial.Chief Judge of Malaya Tan Sri Arifin Zakaria, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judge Datuk James Foong Cheng said it was their finding that the modus operandi of Mohamad Roslan Desa in the previous case and the present case was very similar.

The court said the evidence of Roslan’s earlier offence of causing death to a woman must be treated as fully cogent as whatever prejudice the previous case might have on Roslan, it was far outweighed by the probative value of the evidence sought to be admitted.

It held that the prosecution had clearly made out a prima facie case against Roslan.

“Therefore, had the trial judge and the Court of Appeal admitted the similar facts as evidence and evaluated the circumstantial evidence in the way that it should have been done instead of giving it merely cusory treatment, their decision might have been otherwise,” Arifin said in his 21-page judgment delivered on Jan 18.

Consequently, the quorum allowed the prosecution’s appeal to remit Roslan’s case back to the High Court for him to make his defence on the charge of murdering Ooi Yean Wah, 24.

He was alleged to have mudered Ooi in Jalan Solok Sembilan, Seberang Jaya, Butterworth, and disposed of her body in a drain in Kampung Padang Buluh, Tikam Batu, Kuala Muda, Kedah in 1998.

The prosecution brought the matter to the Federal Court after the High Court acquitted Roslan of the murder charge without calling for his defence and the decision was subsequently affirmed by the Court of Appeal.

The High court, in acquitting the 35-year-old burger seller, refused the prosecution’s application to tender the similar facts from Roslan’s previous case as it held that they did not show striking similarity between what happened in the earlier case and the present case.

The Court of Appeal affirmed that finding.

Similar facts comprising trial records, charge sheet and notes of evidence of his previous court case disclosed that Roslan would deflate the tyre of his victim’s car and then follow her.

On the pretext of rendering assistance, Roslan would approach the victim and after having gotten the trust of the victim, he would get into the victim’s car and stab the victim with a knife.

Roslan would then drop off the victim at some place and drive off with her car before abandoning the vehicle. — Bernama