Why was the ex-IT officer ordered to enter defence?

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Ex-IT Officer Ordered to Enter Defence for Murder Charge Following Road Rage Incident

A former IT officer, Yew Wei Liang, has been ordered by the High Court to enter his defence on a charge of murder. This decision stems from a road rage incident that occurred on the North-South Expressway (PLUS) southbound approximately four years ago, resulting in the death of Syed Muhammad Danial Syed Shakir. The court found that the prosecution had successfully established a prima facie case against Yew.

The court's determination that Yew must defend himself was based on several key findings. Specifically, the court concluded that the provocation in the incident was initiated by Yew himself. Furthermore, it was established that Yew acted beyond the bounds of self-defence by continuing to ram into the deceased even after the perceived threat had ceased and the deceased had attempted to flee. These findings led the judge to determine that the elements of the charge under Section 302 of the Penal Code had been sufficiently proven at this stage.
Prima Facie Case Established

Justice Julia Ibrahim ruled that the prosecution had presented sufficient evidence to establish a prima facie case against Yew Wei Liang. This conclusion was reached after a thorough examination of the testimony provided by 20 prosecution witnesses and the exhibits presented during the trial, which commenced on October 27, 2021. The court found that the defence had not discharged the burden of proof required to dismiss the charge at this juncture.
Provocation and Excessive Self-Defence

Central to the court's decision was the finding that Yew initiated the provocation. Evidence presented indicated that Yew attacked the deceased at the scene, thereby commencing the confrontation. Moreover, the court found that Yew's actions exceeded the scope of lawful self-defence. His continued ramming of the deceased's vehicle was deemed excessive, particularly as the deceased had already fled and the immediate threat, as perceived by the court, had been broken.
Details of the Incident and Charge

The fatal road rage incident took place on August 10, 2019, between 1pm and 2pm. The location was the 293.6 kilometre stretch of the North-South Expressway, specifically between Kuala Lumpur and Seremban. Yew Wei Liang, aged 45, was formally charged under Section 302 of the Penal Code on August 22, 2019. The defence trial has been scheduled for two days, with proceedings set to begin on August 16.

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Why was the ex-IT officer ordered to enter defence?

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