Written by: Averroes
(1.0) Introduction
Malaysia descended into a time of utter bafflement, when an innocent looking-man was convicted for the rape and murder of Canny Ong. It was among the nation's most high-profile cases. It was very taxing to collect evidence for the case.
He was eventually hanged on 23rd September, 2016 at the Kajang Prison despite appealing all the way to the Federal Court.
Due to this, shopping centres in the Klang Valley introduced women's only parking sections near the entrances for the safety of lone female drivers. More CCTVs were installed with higher definitions, and that panic buttons were also included.
(2.0) Court's verdict
The full case could be found in Ahmad Najib bin Aris v Public Prosecutor [2007] 2 MLJ 505, the High Court of Shah Alam convicted the appellant (Ahmad Najib) for rape and murder.
For rape, he was sentenced to 20 years in jail and whipping of ten strokes. For the offence of murder, he was sentenced to death.
(2.0) High Court
(2.1) Bangsar Shopping Complex
Coincidentally, Najib was an employee of the Susur Asia Sdn Bhd, which serves to clean MAS aircrafts and other planes at Subang Airport. Najib was the team leader and that he was to go to night shift on 13th June 2003.
However, Najib did not come to work. Canny on the other hand, used to live in the USA and came back on the 1st June 2003 to visit her ill father and was to leave Malaysia on 14th June 2003.
Therefore, on the 13th June 2003, Canny Ong (victim) held a farewell dinner party at Restoran Monte at BSC for 9-10 people. She went there with her mother, Madam Pearly in a Proton Tiara motor car, registration number WFN 6871, purplish-blue colour.
They came at 8.3pm and obtained a parking ticket, but left it in the car. For convenience, the ticket should be brought along to be paid later. Since it was left in the car, someone has to go back there, grab it and pay it at the autopay.
As it was time to go home, Canny went missing around 10.45pm on the 13th June 2003 at the Bangsar Shopping Complex (BSC) in Kuala Lumpur. Canny told her mother that since the ticket was left in the car, she had to retrieve it.
However, she did not come back, the mother lodged a police report of her disappearance at 11.59pm at the Jalan Travers Police Station in Kuala Lumpur, Travers Report 003279/03.
There were evidence through the CCTV under Pictures 1 and 3 that the Proton Tiara car came to the parking lot, with two women, Canny and Madam Pearly. Even if the faces were not clear, the physical shape of the women resembled Canny and her mother.
In Pictures 6, 7, 8, 9 and 10, showed the same man wearing a light upper garment, dark trousers and a light baseball cap. He carried a bag which a Subang Airport employee would carry. The pictures showed him walking to the parking floor and that he was still there.
A CCTV videotape number P19B saw a Proton Tiara exiting and saw Canny sitting next to Najib who was driving the car, crashed the autopay barrier to escape without paying for the parking tickets.
(2.1) Police Officer (Ravichandran)
A police officer later saw the Proton Tiara parked near Subang Airport. He approached the car and saw Canny as the passenger with Najib driving.
The police officer (Ravichandran) asked Najib to show his IC and that his appearance matched the CCTV pictures. The officer told him to get out of the car, but he refused. He said that he had a small argument with his girlfriend.
Najib demanded the officer to show is authority card which he did. Najib told Canny to stay quiet and said the officer could be a robber, thus she shut the door. Canny then made a prayer gesture to the police officer which is a sign of help.
When Najib noticed that police officer realised Canny was seeking for help, Najib locked the door and the officer tried to open it. He closed the window and tried to start the engine. Ravichandran shot the right front tyres of the car as it sped off.
Other policemen chased Najib and that the ICs were still with the police. In totality, Canny must have been forced to budge into the car by Najib, a complete stranger.
(2.2) Cik Aminah
Moments later, as Najib escaped, a woman by the name Cik Aminah bte Isahak was at Bangunan Bali, in Sungai Way Jaya, and saw a purple Proton Tiara, with Najib checking the front tyres. Najib came to her and Encik Hamid to borrow a jack.
Najib said that he wanted to drive his wife to KLIA. Aminah recognised him by his clothes which matched the CCTV pictures. Encik Hamid helped Najib change the tyres.
Cik Aminah saw Canny inside the car, making signs with her eyes, face and mouth as if begging for help, while pointing at the Najib busy fixing the tyres. Aminah told the rest of her family of the incident.
The tyres could not be replaced, thus Najib drove off eventually. Aminah was very skeptical of the situation and decided to call the police.
(2.3) Technician Azizam
Later in the middle of the night, a technician (Azizam) wanted to go to Penang and meet his wife. While driving at 1am on 14th June 2003. He stopped by Jalan Kelang Lama to urinate and while getting back to his motor van, he saw a Proton Tiara car.
Inside, he saw a woman's head lying on the car's window with her breasts exposed with a man inside. He assumed that they were 'making love' and saw the front tyre punctured. He did not know what the man's race was due to the dim-lights.
At 3am, he drove to Jalang Gasing and found the Proton Tiara gain, but empty.
He parked behind it, approached the car and opened the door. He saw a Nokia handphone and a Maybank bag which he took. Before arriving in Penang, he sold the phone in Ipoh while keeping the SIM card.
He then sold the SIM card to a motorcyclist. Four to five days later, he was arrested and detained for twelve days. The police took him to the shop where he sold it. In the shop, he saw a Chinese newspaper with Najib's face on it.
When there was a identification parade, the technician said that among the men standing, he selected Najib as he recognised him while he was in the Proton Tiara after he urinated. The court accepted Azizam's testimony, despite him being a petty thief.
(2.4) Police Inspection and Horrendous Discovery
The very same day of 14th June 2003, between 7.30pm to 10.20pm found a Proton Tiara car parked at No 49, Jalang Petaling Utama 1, Petaling Jaya. When inspecting the car, they found that it was unlocked, the front tyre punctured and there was a blood patch on the left side of the rear seat.
The blood and 6 strands of hair were proven to belong to the victim. There was also the unpaid parking ticket on the dashboard. There was also a paint stain on the windscreen, which the car crashed into the autopay barrier to escape.
Her remains were then found around noon on the 17th June at a highway construction at Batu 7, Jalan Klang Lama, Petaling Jaya. It was then reported in the Petaling Jaya Report 7487/03. She was found inside a manhole, supposedly attempted to be cremated.
There were two cement-filled motor-vehicle tyres, pieces of plywood on the body and her body was extensively charred. Her body was in the process of decomposition and putrefaction.
(2.5) Cause of Death
An autopsy report revealed by a pathologist indicates that a folded long cloth, similar to crepe bandage wounded the mid neck of Canny at least 3 times. It was partly burnt and intact with the smell of kerosene or petrol.
Her hands were tied to the front of the chest with long folded cloth, white in colour. There were 3 rounds tying her wrist. The cloth was from a MAS cleaning-equipment store at Hangar 2, Subang Airport. The cloth was a muslin type which was beige in colour.
They were ligatures.
The upper vagina was intact, but there was large blood sludging from the lower abdomen and pelvis, suggesting ante-mortem bleeding. Semen were found, which concludes rape.
The pathologist declared that the death was due to consistent strangulation.
The pathologist added that, Canny's internal bleeding was incurred by a violent trauma with a blunt object or by stab with a sharp instrument. The death could either be the haemorrhage in her body or the strangulation.
It was also possible for her to die due to suffocation as there were soot in her trachea. However, it is more probable that the soot in her trachea was after her death.
There were also evidence of Najib's clothes at his bedroom with patches of blood stain which belonged to Canny. They proofs were then vetted through DNA profiling as under section 90A(1) to (2) of the Evidence Act 1950.
Najib was then arrested at his home on the 20th June, between 5.00 to 6.15am by police officers from the Petaling Jaya District Police Headquarters.
On trial in the High Court, Najib confessed to his mistakes as under section 115 of the Criminal Procedure Code. He remained silent and did not provide any evidence in his defence. Thus he was convicted and sentenced.
(2.6) Court of Appeal
(2.6.1) Confession Argument
Now, before the Court of Appeal, lawyers for Najib said that his confession was not made voluntarily. This was because, when he was at the IPD Petaling Jaya, the Investigation Officer and other police under the Criminal Investigation Department was brought to several rooms and different places.
He was given many forms of pressure and threat to make him confess. Najib said that the police kicked him several times in the face and his genitals and crushed his face with a foot.
One of the kicks hit his head against the steel cabinet and fell. Though, the police denied such allegations.
Najib added that the police lied that if he confessed, he would get a lighter sentence and not get beaten severely. They even warned him not to 'melekehkan' their work and not to 'mengarut', as he better confess and said that they have been working for more than 30 years.
Najib claimed that his wife, children and wife would be imprisoned the same as him if he did not confess. The officers told him to confess and never mention about the beatings in prison. They even produced Najib's IC and canny's and bluffed.
Later court, found that Najib's confession is inadmissible. However, even if Najib's confession is inadmissible, there were other evidence to be appreciated by the court.
(2.6.2) Computer Evidence and DNA
For the evidence generated by computer for the DNA samples, Najib's lawyer argued that there was no certificate issued for it, thus it could not be proven that Najib committed the offence.
However, court found that the word 'may' does not make it mandatory, unless the computer was not in its ordinary course of use, that it is in good working order and operating properly.
Najib argued that the clothes at his house did not belong to him and they were not tried on him yet. Through circumstantial evidence which is puzzling together different circumstances together into one single conclusion.
Under circumstantial evidence, with all the evidence of the clothes being inside his house to the chain of events from the abduction to the manhole, clearly he was a murderer and rapist. Whatever Najib's motives are is not for the court's concerns, but for the interests of criminologists or criminal psychologists.
Though, it is speculated by the public that he was a psychopath and did it spontaneously. He did not have a particular motive. His friends would say that usually, Najib would not cause such problems. Perhaps, psychophats have the ability to conceal their intents, but put up a charade as an innocent person.
She was clearly raped, because the injuries on her body and her signs of pleading from help shows no consent.
Regardless of different possibilities of death through strangulation, internal bleeding or suffocation from smoke, they were taken into combination and that Najib intended to murder her. Therefore, the court dismissed Najib's appeal and he is to be hanged, jailed and caned.
(3.0) Conclusion
As women, despite these ultra-feminist movements which they believe everything should be equal with men, women are more prone and susceptible to harm in public. If not, why would there be a Ministry for Women and Children.
Women are biologically different from men, now with the rise of transgender sports, women are being mowed down by transgender women, who have masculine body parts and hormones.
There is even a UN Women body and most cultures and religions emphasise the protection and purity of women. Women should be all times equipped with tools to fend off strangers. They should travel in a pair or more, or with a male counterpart to be safe.
(4.0) References;
Nor Ain Mohamed Radhi (July, 2020) #NST175 Nation horrified by Canny Ong's rape-murder. Retrieved from, https://www.nst.com.my/news/nation/2020/07/611857/nst175-nation-horrified-canny-ongs-rape-murder
Hamka Rosli (March, 2021) Pembunuhan Canny Ong Adalah Tanpa Motif, Ahmad Najib Disyaki Sebagai Penjenayah Psychopath! Retrieved from, https://www.buletinfm.audio/koolhiburan-pembunuhan-canny-ong-adalah-tanpa-motif-ahmad-najib-disyaki-sebagai-penjenayah-psychopath/
Ahmad Ismadi Ismail (July, 2021) Kes Canny Ong paling sukar dirungkai. Retrieved from, https://www.sinarharian.com.my/article/147819/BERITA/Semasa/Canny-Ong-kes-paling-sukar-Amidon
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