Man had intended to hurt or kill, court told


  • Nation
  • Thursday, 10 Apr 2003

BY CHEN MEI LING

KUALA LUMPUR: A despatch rider had intended to hurt or even kill lawyer Datuk Balwant Singh during a violent confrontation between them in Bangsar last year before he was shot, the High Court was told. 

Defence counsel Datuk Muhammad Shafee Abdullah argued that during a scuffle, R. Gobala Krishnan had uttered words like “Kasi mati lu”, indicating his intention to cause death or at least grievous hurt to his client. 

“There was a threat to kill the accused. Gobala Krishnan had the capacity and the opportunity to execute the threat, given the considerable amount of strength he had and the close distance between him and the accused. 

“Under the circumstances, it is more than reasonable to expect from the accused a bona fide apprehension for his life,” he said during submissions at the end of the defence’s case. 

Balwant Singh had been on trial since Dec 16 for having shot dead Gobala Krishnan, 33, in Jalan Maarof, here, at 4.30pm on June 7. 

The charge under Section 302 of the Penal Code carries the mandatory death sentence upon conviction. 

The 81-year-old accused was ordered to enter his defence on March 19.  

In his testimony, he claimed that he shot Gobala Krishnan in self-defence as the man had repeatedly assaulted him with a stick. 

Shafee said there was evidence that Gobala Krishnan had detention records and was capable of acting violently. 

“He was not a law-abiding citizen and possessed a stolen motorcycle (at the time of the incident). He was involved in a secret society,” he told Justice S. Augustine Paul. 

Shafee said that in the course of the trial, the prosecution had also failed to challenge Balwant Singh’s testimony on numerous pertinent points critical to its case. 

“Failure to do so amounts to the prosecution accepting the accused’s evidence. 

“In light of the evidence shown by the defence, we have not only raised a reasonable doubt against the prosecution’s case but have also shown probability that the defence’s account of events is the correct version,” he added.  

The hearing continues today.  

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