PENDAKWARAYA Pendakwaraya Riduansyah Yahya Siow Kek Keong

PENDAKWARAYA Pendakwaraya Riduansyah Yahya Siow Kek Keong

The court convicted because eyewitness identification of Tertuduh 1 and 2 by the victim's mother and a taxi driver (via identity parades and court testimony), corroborating CCTV and telephone ransom demand evidence, together with substantial recovery of ransom monies from Tertuduh 3 and parts from Tertuduh 1 and 2 following leading-to-discovery statements, established the elements of the offence and common intention; defence explanations were inconsistent, uncorroborated and constituted afterthoughts/alibis insufficient to raise reasonable doubt.

Citation
45C-7-11/2018 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWARAYA; Defendant: RIDUANSYAH YAHYA; Defendant: MOHD SAIFULAMRY BIN JAKARSI; Defendant: SIOW KEK KEONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 November 2019
Case Number
45C-7-11/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial Judgment
Outcome
All three accused convicted
Legal Topics
Kidnapping for Ransom, Common Intention (s.34 Penal Code), Leading to Discovery (s.27 Evidence Act), Identification Evidence and Identification Parade, Alibi (s.402 a Cr Pc), Sentencing Life Imprisonment and Caning
Source Language
Malay/English
Criminal Law Evidence Law Procedure Kidnapping for Ransom Common Intention (s.34 Penal Code) Leading to Discovery (s.27 Evidence Act) Identification Evidence and Identification Parade Alibi (s.402 a Cr Pc) +1 more

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Parties

PENDAKWARAYA

Prosecution

RIDUANSYAH YAHYA

Defendant

MOHD SAIFULAMRY BIN JAKARSI

Defendant

SIOW KEK KEONG

Defendant

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether identity of perpetrators was proved beyond reasonable doubt
  2. 2 Whether prosecution established common intention under s.34 Penal Code
  3. 3 Admissibility and weight of confessions/leading-to-discovery under s.27 Evidence Act

Ratio Decidendi

The court convicted because eyewitness identification of Tertuduh 1 and 2 by the victim's mother and a taxi driver (via identity parades and court testimony), corroborating CCTV and telephone ransom demand evidence, together with substantial recovery of ransom monies from Tertuduh 3 and parts from Tertuduh 1 and 2 following leading-to-discovery statements, established the elements of the offence and common intention; defence explanations were inconsistent, uncorroborated and constituted afterthoughts/alibis insufficient to raise reasonable doubt.

Court Disposition

All three accused convicted

Orders

  • RIDUANSYAH YAHYA, MOHD SAIFULAMRY BIN JAKARSI and SIOW KEK KEONG each sentenced to life imprisonment starting from date of arrest
  • Each accused ordered to receive two strokes of the rotan