DIPLOMA IN LAW ENFORCEMENT

ASSIGNMENT 1
GROUP 3
AHMAD NAJIB BIN ARIS V PUBLIC PROSECUTOR [2009] 2 MLJ 613 (FEDERAL COURT)
CANNY ONG CASE STUDY

SUBJECT NAME: INTRODUCTION TO CRIMINAL JUSTICE

SUBJECT CODE: MPU1233
BATCH: 27A
WORTH: 20%
DUE DATE: 25 DECEMBER 2022
LECTURER: MS. KRISHANAVENI PALANI

STUDENT

STUDENTS NAME STUDENT ID

1. Neeresh Kumar DEM0622101
2. Nur Hanun Umairah Binti Hassan DEM0122064
3. M.Syamim Aizal b. Samsul Amir DEM0622283
4. Nor Atikah Beham Binti Rahmathullah DEM0622178
5. Nuraina Hadirah Binti Mohamad Yazid DEM0622299
6. Murphy Victor DEM0922200363
7. Nur Amrina Roshada Binti Norhan DEM0622304
8. Naresh A/L Ravichandran DEM0622234
9. Nor Suhaila Bt Mohd Noor DEM0622258
10. Nithiasri A/P Ragurau DEM0622228
I hereby declare that this assignment is my own original work, and that no part of this
assignment has been copied from any other source or person except where due
acknowledgement is made. Copying without acknowledgement is plagiarism and will be dealt
with severely by the university college.

Assignment Mark Late Penalty Final Mark

 TABLE OF CONTENT
Bil Tittle Page Number

1) Introduction To Criminal Justice 1

2) Background Information Of The Case 2

3) Fact of the Case 3

4) Case Details 4-5

5) Information About The Suspect 6-7

6) Law Applied 8

7) List of Evidence Collected 9-10

8) Photograph and Sketch 11-13

9) Sentencing 14

10) Conclusion 15

11) Table Of Contribution 16

12) References 17
 Introducton To Criminal Justice
Malaysian criminal justice is founded on a set of written and unwritten laws.
Among the written are the Federal Constitution, as well as the constitutions of the 13
states that comprise the Federation, legislation enacted by the Parliament and State
Assemblies, and delegated or subsidiary legislation enacted by bodies with powers
granted to them by Acts of Parliament or State Assemblies. The unwritten laws are
made up of elements of English common law applied to local conditions, case law,
and local customary law; Muslim law is another major source of law that applies
solely to Muslims and is handled by a distinct court system. The Malaysian
Constitution allows for the exercise of powers by the Legislature, the Executive, and
the Judiciary. According to Act 121 (1) of the Federal Constitution, judicial power in
the Federation is vested in two High Courts of Coordinate jurisdiction and status,
namely the High Court of Malaya and the High Court of Borneo, as well as the lesser
courts. The Federal Court, with its main registry in Kuala Lumpur, serves as the
country's Supreme Court. The Lord President of the Federal Court is the head of the
judiciary and has direct control over all courts. Malaysia's subordinate courts include
Juvenile Courts, Magistrates Courts, and Sessions Courts. The courts have the
authority to rule on the legality or otherwise of executive acts of government. They
have the authority to rule on the constitutionality or otherwise of any law approved by
parliament, as well as the interpretation of any article of the constitution.

Criminal law describes criminal and delinquent behaviour and prescribes

penalties that are implemented by the threat of punishment. The Penal Code of
Malaysia contains the majority of the penal laws. The Code defines what acts or
omissions constitute offences and how they are punished. It defines the circumstances
under which an act or omission will be considered an offence. This covers any act or
omission committed purposefully, knowingly, willingly, fraudulently, or dishonestly.
It categorises offences as those harming the human body (murder, inflicting harm),
those affecting property (theft, robbery), those affecting reputation (defamation,
insult), those influencing public peace (illegal assembly, rioting), and those impacting
public health and safety (e.g., adulteration of food).

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 Background Information Of The Case

Ahmad Najib bin Aris v Public Prosecutor [2009] 2 MLJ 613 (Federal Court)
is a case where the victim, Canny Ong Lay Kian was raped, tortured and burnt by the
suspect Ahmad Najib. Senior Assistant Commissioner (SAC) Abu Bakar Mustafa, the
Chief of the Selangor Criminal Investigation Department (JSJ) at the time, described
the case as a “devil's mission”. This case investigator was the previous PDRM
Forensic Laboratory's Head of Crime Scene Investigation (CSI) is well recognised for
being actively involved in the investigation of numerous high-profile criminal cases in
Malaysia, Deputy Superitendent Amidon Anan.

Deputy Superitendent Amidon Anan started this case on 17th June 2003.
There were several officers involved in this investigation such as Muniandy a/l
Shanmugam, Assistant Superintendent of Police, an investigating officer who
demonstrated that the tyre could be pulled and dragged, Superitendent Ahmad Razali
Bin Yaacob, a police officer who conducted an inspection of the appellant's home,
Deputy Superitendent of Police, Mohd Noor Bin Ahmad, a police officer who
recorded the photos on camera and many more.

To differentiate between the two, the primary crime scene is the location of the
initial or first criminal conduct, and the secondary crime scene is the following crime
scene. In this instance, the deceased was raped and killed in the accused's automobile,
registration number WFN 6871. As a result, the automobile is recognised as the
principal crime scene where the accused conducted the rape and murder. The second
crime scene in this case occurred when the charred body was discovered in a manhole
on Batu 7, Jalan Klang Lama.

At the crime site, forensic science begins. The crime scene, by itself, provides
evidence for an investigation, such as physical evidence, reasons, and can reveal the
criminal thinking regarding the crime. In other words, it is any location associated
with the conduct of a crime. The location of the criminal activity is divided into two
categories: major crime scene and secondary crime scene.

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 Fact Of The Case

Canny Ong, a Malaysian who lives in San Diego, California and works as an
information technology analyst there, was born on July 18, 1974, in Ipoh, Perak. Her
mother, Pearly Visvanathan Ong, is of mixed Chinese and Indian ancestry, and she
has an elder sister named Elsie Ong. Canny Ong travelled far to Malaysia to see her
father, Ong Bee Jeng, who was battling illness. On June 13, 2003, Canny Ong Lay
Kian was brutally murdered. On June 17, 2003, the victim was found charred to death
in a hole or drain at the Pantai Baru Highway Project site in Petaling Jaya. The local
media at the time gave this story a lot of coverage. The Canny murder case is "the
longest ongoing case in the Malaysian criminal environment," according to crime
expert Kamal Affandi Hashim.

According to the prosecution's case, Canny Ong Lay Kian went alone to the
basement parking lot on the evening of June 13 to retrieve a parking ticket that had
been left in the vehicle after she had supper with her family and friends at Bangsar
Shopping Center. On June 14, the car that the accused was driving was discovered to
have numerous bloodstains on the rear seat. A charred body was discovered in a
manhole around three days later, at noon. The deceased's mother and father's blood
samples were used in DNA tests to identify the body as Ong Lay Kian. Strangulation
and bleeding from a sharp object in the abdomen were the causes of death.

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 Case Details

A day before Canny Ong was scheduled to fly back to the US, on June 13,
2003, she went out to supper in Bangsar, Kuala Lumpur, with her family and friends
at the upscale Bangsar Shopping Complex. After the lunch, she drove to the
underground parking lot to retrieve her parking ticket. To meet her near the autopay
machine, she instructed her mother Pearly Visvanathan Ong and sister. At 10.45 p.m.,
Canny was abducted in the subterranean parking garage.

The case was announced after Canny Ong went missing and her mother,
Peraly Visvanathan Ong proceeded to the Jalan Travers Police Station to file a police
complaint and a report to the BSC guard after failing to locate the deceased together
with their vehicle. On June 14, 2003, between 1:00 a.m. and 5:00 a.m., Canny Ong,
28, was raped and killed at Batu 7, Old Klang Road, Petaling Jaya.

Three months after the murder of Canny Ong, on September 15, 2003, the trial
officially began. The case's prosecutor was DPP Salehuddin bin Saidin, while Ahmad
Najib was represented by renowned Malaysian attorney Mohamed Haniff bin Khatri
Abdulla. Ahmad Najib would be sentenced to death if found guilty of murder under
Section 302 of the Malaysian Penal Code. Ahmad Najib entered a not guilty plea
despite having admitted to the crime and saying that the police had pressured, tortured,
and forced him to make the confession. Mohamed Haniff also attempted to cast doubt
on the confession's veracity. In response, the magistrate who witnessed Ahmad Najib
being prosecuted first claimed that Ahmad Najib appeared at ease and was unharmed
physically.

The state intervenes on behalf of the victim's family to relieve their suffering
and prevent them from seeking retribution on their own. Because the penalty fits the
offence, this view is unbiased and impartial. The High Court found the appellant
guilty of rape and murder. He received a 20-year jail term for the rape charge as well
as 20 cane strokes for violating Section 376 of the Penal Code. According to Section
302 of the Penal Code, he received a death sentence for the murder. The appellant
argued that, in addition to being indistinct, the CCTV photos of him could not be

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trusted to be him since there were several inconsistencies in the clothing of the person
who was allegedly recognised as him. On the other hand, the prosecution argued that
even if the images were somewhat blurry, the CCTV recordings might still be used as
evidence. As a result, before the CCTV recordings may be accepted as evidence, they
must meet the standards of Section 90A of the Act. They are not accepted since this
was not done.

At the crime scene, forensic science gets started. Including physical evidence,
motives, and the ability to show the criminal mind behind the crime, the crime scene
by itself provides evidence for an inquiry. In other words, it refers to any location that
has anything to do with how a crime was committed. The primary crime scene and
secondary crime scene are two different categories for the location of the criminal
activity. Despite the fact that the manner of note-taking in this instance was not
explicitly indicated, it may be assumed that the investigator used a systematic and
methodical approach to compile a thorough record of the case. This is in light of the
report's particular dates, locations, and times. For instance, it was made obvious that
the deceased's family, friends, and group had supper together in the Bangsar Shopping
Centre. The scenario illustrates the report's structure clearly and accurately.

There was no evidence in this instance to demonstrate the sort of search the
investigators conducted. The line search was employed at the secondary crime scene,
which was the manhole where the burned body was discovered, according to an
interview with DSP Amidon bin Anan, the head of CSI who had directly handled this
case. He stated that the narrow width of the road was to blame for this. Constable
Mohd Zulkefli bin Abdul Ghani discovered the automobile at night, which was 8pm,
during the inquiry, which was conducted from 10am to 5pm. The inquiry was delayed
until morning since it could have been challenging to proceed at night.

Based on reasonable inference, it might be presumed that the forensic officers

had employed the normal method of forceps or tape lifts to collect the evidence,
which was also determined to be the deceased's, as it was not specified how they were
gathered.

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 Information About The Suspect

Born and reared in Muar, Malaysia, Ahmad Najib bin Aris. He was born
somewhere about 1976. The second of the family's four children was Ahmad Najib.
Because he had to work to support his family and was a diligent worker, Ahmad Najib
only completed the third year of secondary school before quitting without completing
the last two years (secondary school education in Malaysia lasts five years). He
moved to Kuala Lumpur in 1998 from Muar. Ahmad Najib, who had two children
who were between the ages of two and one at the time of his conviction, eventually
got married and has worked as a cabin cleaner for Malaysia Airlines since 2000.

Ahmad Najib bin Aris, was convicted of murder and died on September 23,
2016, raped and murdered Canny Ong, a Malaysian IT analyst working in the US, in
2003. Malaysian news outlets covered the crime. After being found guilty in a well
covered trial in 2005, he was given a death sentence. Over the course of the following
11 years, he attempted to overturn the conviction many times but was unsuccessful.
On September 23, 2016, more than 13 years after killing Ong, he was put to death.
Ahmad Najib was allegedly reported to have raped at least four separate women,
however no official accusations were brought against him.

After a thorough police investigation, Ahmad Najib was detained on June 20,
2003, and DNA testing later verified that the semen matched Ahmad Najib.

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Additionally, the man admitted to the police that he had slain Ong. He gave a detailed
account of the crime and even took the officers to the numerous crime locations
connected to the rape and murder. Ahmad Najib also said in his confession that he had
mistaken Ong for the lady with whom he had a score to settle and had only realised
his error after Ravichandran examined the ID. The woman in question was his former
boss, and he had gone to the shopping centre to see her.

Ahmad Najib was convicted guilty of murder and rape on February 23, 2005,
by the Shah Alam High Court following a 52-day trial. The prosecutor had established
Ahmad Najib's guilt without a shadow of a doubt, according to the court, and the
evidence against him was overwhelming. Consequently, Ahmad Najib received a
death sentence for the murder of Canny Ong. The High Court judge Muhammad
Ideres also gave Ahmad Najib the maximum punishment for rape under Malaysian
law—20 years in prison—along with 10 canings for raping Canny Ong.

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 Law Applied

The law which is applied in this case are The Evidence Act of 1950, Section 7.
According to Section 7 of the Evidence Act of 1950, relevant facts in evidence might
include facts that offered a chance for the occurrence or transaction of the in question
fact as well as other relevant facts. The Malaysian Evidence Act of 1950 provides five
categories of relevant facts: occasion, cause, effect, condition of things, and
opportunity that are connected to other relevant facts or facts in dispute. Additionally,
if the information complies with Section 7, it can be included in relevant facts derived
from circumstantial evidence. The relevance of the facts in Section 7 may be
understood in light of human experience, which implies that whatever consequence of
a given cause or what has consistently been the cause of a given consequence in the
past will also be the case in the future.

Secondly, Section 302 of Penal Code. Section 300 of the Malaysian Penal
Code defines "murder" as 1. Doing something that results in death with the purpose to
kill, 2. Causing harm with the knowledge that it would likely result in death while
doing something, 3. Engaging in conduct with the purpose to harm another party
when the harm would normally be fatal; 4. Taking a risk without a valid justification
while doing something really harmful that might result in death. The primary factor
that makes murder such a terrible crime is that the suspect acted with the purpose to
gravely take someone's life or seriously damage someone to the point that it
endangered their life. Under Section 302 of the Penal Code, homicide in Malaysia
carries a mandatory death penalty.

Lastly, Section 376 of Penal Code. Rapists are subject to a sentence of up to

20 years in jail and a flogging, as stated in Penal Code Section 376. Additionally,
people who commit rape under these circumstances can be punished with flogging
and imprisonment for a duration of up to 30 years. In this case, the perpetrator of the
rape who kills the lady may face the death penalty or a sentence of imprisonment for a
duration of 15 to 30 years with a minimum of 10 strokes of the whip.

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 List Of Evidence Collected

Like in every case, whether civil or criminal, the Federal Court carefully
considered all of the evidence presented by the prosecution in order to support or
refute each claim made before accepting or rejecting it. If an exhibit (piece of
evidence) violates the rules of evidence stipulated by the Evidence Act 1950, it is
referred to as "inadmissible." Among these proofs were the following:

Details

Photograph of Proton Tiara car

Photograph of Proton Tiara car

A police report made by ProsecutionWitness 3 and a security guard at Bangsar Shopping Centre

The deceased’s identity card

The accuse identity card

The images of a Proton Tiara that was searching for a parking lot

A CCTV tape

An unpaid BSC parking ticket

A station diary which contained the report made by Prosecution Witness 5

The sling-on bag with a Maybank Yippie logo

The sim card stored in a phone found in the car

An image of Prosecution Witness 3 and the deceased walking near the 9C pillar towards the lift

An image of a man was seen walking at the parking area

An image of a Proton Tiara car is seen moving out of the parking area

The blood stains on the driver's seat

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The blood stains on the back seat

Six strands of deceased’s hair

A fabric that was found around the neck or wrists of the victim

A fabric that was found around the neck or wrists of the victim

The cloth that was used to tie the deceased’s hand

A pair of Jack Blue Classic jeans

A Calvin Klein belt

The muslin cloth from the appellant’s workplace at MAS that was used to clean airplanes

The results of the DNA analysis

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 Photograph and Sketch

The manhole where Canny Ong (victim) was burnt.

When police officer Mohd Zulkefli bin Abdul Ghani discovered the car behind store
No. 49 on Jalan Petaling Utama 1, he discovered that the rear seat of the vehicle had
numerous blood stains.

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A CCTV was erected in the BSC basement, and forensic experts examined the two
CCTV tapes. They noticed a male wandering around in the same area and around the
same time as the deceased. The CCTV video showed a man who resembled the
defendant. A sling bag with a strap and a baseball cap were visible on the accused
person in the image. The other forensic expert also videotaped the photos and
enhanced them using a "video investigator system" by zooming in and out.

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The burned body was discovered in a manhole at Batu 7, Jalan Klang Lama, and this
presented the next challenge in safeguarding the crime scene. E Soon Tai, a bystander
at Batu 7, Jalan Klang Lama, who discovered the burned body in a manhole.

The car tyre was punctured because of the shot fired by Police officer Ravichandran.

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 Sentencing

The High Court determined that a prima facie case had been established after
reviewing the oral, written, and circumstantial evidence presented by the prosecution
and called for the defence. But the accused opted to say nothing. As a result, the
accused was duly found guilty of the two allegations against him by the learned Judge.
The accused received a death sentence for the offence under Section 302 of the Penal
Code as well as a 20-year prison term and a 20-stroke cane for the offence under
Section 376 of the Penal Code.

The accused filed an appeal, but the Court of Appeal and the Federal Court
rejected it and upheld the High Court's rulings. In order to establish whether the
evidence was sufficient to support all of the components of the allegations against the
appellant, the Court of Appeal had the authority to reexamine the remaining evidence
and examine all other evidence, aside from the confession. The Court of Appeal was
required to examine whether the evidence was sufficient to uphold the convictions
against the appellant after taking such actions. In the present instance, the Court of
Appeal had access to sufficient material to back up the trial judge's determination of
guilt. Therefore, a retrial was not an option. The accused in this case was found guilty
of both charges because he was unable to refute the testimony of the witnesses for the
prosecution.

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 Conclusion

My assessment of what transpired in this instance is that it stunned Malaysia,

particularly the women about the occurrence. This should therefore serve as a warning
to women to exercise greater caution at night, particularly while traveling on quiet
roads. To prevent this kind of crime from happening to us, particularly at night, we
should walk in pairs or in places that draw more attention from passersby, such as
busy streets, neighborhoods with lots of people, or perhaps in commercial districts
with lots of lights. Additionally, individuals who are traveling alone should be
conscious of their surroundings so they may readily ask for assistance if they find
themselves in a lonely region.

Furthermore, by using this instance as a reference, we can draw lessons from

the unfortunate events that occurred and use it as a guide to encourage people to be
more cautious and environmentally conscious. Don't rely on strangers, and refrain
from taking any actions that could exacerbate your predicament. Despite what we can
see with our unaided eyes, every human has tricks. Humans may appear reliable and
good-hearted, but they have ulterior motives. In order to stop this crime from
occurring more frequently, the public should also be more aware of recent reports or
problems relating to the incident's most recent news, as well as any reports posted on
social media or in the national media.

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 Table Of Contribution

No Name Id Number Work Done

1. Neeresh Kumar DEM0622101 -Introduction To Criminal

Justice

2. Nur Hanun Umairah Binti Hassan DEM0122064 -Fact of the Case

3. M.Syamim Aizal b. Samsul Amir DEM0622283 -Case Details

4. Nor Atikah Beham Binti Rahmathullah DEM0622178 -Information About The

Suspect

5. Nuraina Hadirah Binti Mohamad Yazid DEM0622299 -Law Applied

6. Murphy Victor DEM092220036 -List of Evidence Collected

3

7. Nur Amrina Roshada Binti Norhan DEM0622304 -Photograph and Sketch

8. Naresh A/L Ravichandran DEM0622234 -Sentencing

9. Nor Suhaila Bt Mohd Noor DEM0622258 -Conclusion

10. Nithiasri A/P Ragurau DEM0622228 -Background Information Of

The Case

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 References

Online References

1) Public Prosecutor v. Ahmad Najib bin Aris

https://www.studocu.com/my/document/international-islamic-university-
malaysia/evidence-ii/ahmad-najib-bin-aris-v-public-prosecutor/27478444

2) Capital Punishment UK
https://web.facebook.com/315934825111204/posts/the-canny-ong-murder-case-in
malaysiaahmad-najib-aris-a-former-aircraft-cabin
cl/1558422904195717/?_rdc=1&_rdr
3)Canny Ong Murder Trial: 'I saw a topless woman in the back seat,' says witness.
https://groups.google.com/g/soc.culture.malaysia/c/wvQn3aygvZA
3) The Murder of Canny Ong
https://www.budiey.com/%EF%BF%BC%EF%BF%BC%EF%BF%BCthe-murder-
of-canny-ong/

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