SHAH ALAM: A former IT consultant was found guilty by the High Court here today of causing the death of a man in a road rage incident four years ago.
Yew Wei Liang, 45, was charged under Section 304(a) of the Penal Code with culpable homicide not amounting to murder.
Judge Julia Ibrahim said the prosecution had proved its case against Yew beyond reasonable doubt.
The court will hear mitigation from both prosecution and defence and deliver the sentence on Thursday, after the judge allowed the latter’s application for proper research on the sentence provided under Section 304(a) of the Penal Code.
Section 304(a) provides for imprisonment of up to 30 years and a fine.
“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,” the judge said.
“The accused failed to prove that there was a threat of bodily injury towards him and his wife from the deceased.”
The judge noted that while Yew had the right to protect his car from being damaged by the deceased, this right did not extend to causing death.
Yew was previously charged with murder under Section 302 of the Penal Code after a road rage incident leading to the death of Syed Muhammad Danial Syed Syakir, 29, near Bandar Baru Bangi in August 2019.
In July, he was ordered to enter his defence after the High Court found that he had initiated the provocation which led to the victim’s death at the scene.
According to the judge, Yew had taken action beyond his right to self-defence by repeatedly running into Syed Muhammad Danial, although the threat against Yew had abated by Syed Muhammad Danial running away.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin prosecuted, while Yew was represented by Wee Choo Keong.
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