Former IT worker is guilty of causing death of Syed Danial
SHAH ALAM - The High Court today found a former IT worker, Yew Wei Liang, guilty of causing the death of Syed Muhammad Danial Syed Syakir on the North-South Highway four years ago.
The decision was made by Judge Julia Ibrahim after the defense failed to raise reasonable doubt at the end of the defense case.
While reading the verdict, Julia said that the burden of proof to self-defence against the threats of bodily injuries is on the shoulders of the accused under Section 105 of the Evidence Act 1950.
She said the accused failed to prove that there was a threat of bodily injury to him and his wife from the deceased.
"There is a right to defend the accused's property from the victim's treacherous act of damaging his Innova car by using a softball stick.
"However, the right to defend this property was not extended until it caused the death of the defendant," she said, adding that the credibility of the prosecution witnesses remained unchallenged until the end of the defence case.
Following that, Julia said, the prosecution succeeded in proving the case beyond reasonable doubt for the offence under Section 304(a) of the Penal Code.
On Aug 22, 2019, Yew was charged with killing Syed Muhammad Danial Syed Syakir, who is a bank manager at Kilometre 293.6, North-South Highway, from 1 pm to 2 pm on Aug 10, 2019.
The accused is charged under Section 302 of the Penal Code, which carries a mandatory death sentence if convicted.
On July 20, the court ordered the accused to defend himself after the prosecution successfully proved a prima facie case against the man.
The prosecution in this case was handled by Deputy Public Prosecutor Raja Zaizul Faridah Raja Zaharudin, while the defence was represented by lawyer Wee Chong Keong.