The High Court sentenced to death a 28-year-old father...

The High Court sentenced to death a 28-year-old father of three after finding him guilty of murdering a 30-year-old waiter. Judicial Commissioner Datuk Balia Yusof Wahi ordered A. Morgan, a former hardware shop assistant, to be hanged for intentionally causing the death of Shamsul Arbain in an oil palm estate near Taman Pelangi, Langkap, between 8.30pm and 10pm on August 12, 2000. He noted that 11 of the 14 injuries were inflicted on vital parts of Shamsul's body, mostly on the neck and near the ears, while the three less serious wounds were abrasions on his jaw and nipple. "The court will not hesitate to say that it was premeditated in the sense that the accused was slapped by the `bapok' (transvestite) (Shamsul), got angry, broke a bottle of Carlsberg and brought it to the scene of the crime to use against the deceased," he said. While acknowledging that the court should be careful when making a judgment based on a confession, Balia said there was enough evidence to corroborate the accused's cautioned statement. These included the fact that Morgan led police to the place where the deceased was found and that Shamsul's blue pouch and a T-shirt were seized from Morgan's house. Balia said although there were contradictions in the testimony of investigating officer Assistant Superintendent Suhaimi Mansor, the witness could have been confused and given incorrect information. "But if the witness does not tell the truth or is evasive, it doesn't mean that his whole testimony should be rejected," he said.