An extract from the Federal Court judgment -
' On the same day, at about 11.15pm L/Cpl. Ravichandran a/l Subramaniam (PW4), a police officer together with a colleague were on crime prevention patrol duty at the Taman Perindustrian Jaya, Kelana Jaya area near Subang. There, PW4 noticed that a car had stopped beside the roadside. Half an hour later, PW4 and his colleague passed the same route again and noticed that the car P145 was still there. PW4 and his colleague stopped their motorcycle. PW4 then knocked on the glass window on the driver's side of the car P145. When the glass window was lowered, PW4 saw that the driver was a male Malay and on the passenger seat was a female Chinese. PW4 shone his flashlight towards both of them and introduced himself as a police officer and showed them his authority card. PW4 then asked for the identity cards of the driver and the passenger. When the driver gave his identity card (P12), PW4 shone his flashlight at the identity card and asked the driver for his name. The driver answered that his name was Ahmad Najib bin Aris. PW4 then looked at the identity card (P11) given by the passenger and asked "awak Ong Lay Kian?" ("You are Ong Lay Kian?"). The passenger only nodded. At that time, the driver was wearing a cap. PW4 asked him to remove his cap. After the driver had removed his cap, PW4 compared the driver's face with the photograph in the driver's identity card and found them to be the same. PW4 identified the driver as the appellant and the female Chinese as the deceased. PW4 then asked the appellant to get out of the car but the appellant refused. Meanwhile, PW4 saw the deceased gesture to him by pressing both her palms together to her chest with the palms outwards facing the appellant and then making a prayer-like gesture. The deceased made this gesture when the appellant was looking at PW4 but when the appellant turned towards the deceased, the deceased stopped her gesture. When the appellant refused to get out of the car, PW4 tried to open the door of the car but at that time, the appellant sped off. PW4 fired two shots at the tyres of the car. PW4 and his colleague also attempted to pursue the car with their motorcycles but failed. The car seen by PW4 was similar to the photographs of the car P145 which are P7A and P7B which were shown to PW4. The appellant's identity card P12 and the deceased's identity card P11 were still with PW4 when the appellant sped off in the car. PW4 then lodged a police report (P13) about the incident.'