(A)

10. Mrs. KOK corroborated her husband's version of the events set out above. She had in fact left her own cubicle and actually saw and heard some of the argument take place prior to her husband coming out and attempting to push the deceased away. In addition, she stated that at one stage the defendant said to the deceased "You can come in and turn it down yourself if you have the guts." She confirmed that she never saw the deceased actually enter the defendant's cubicle. stated that the defendant grabbed the wooden pole, which the deceased was using to defend himself and threw it to the ground. He then stabbed the deceased on the shoulder. At all times the deceased was retreating. On two or three occasions

She

she heard the defendant say to the deceased "Are you dying?" Juring the course of the attack.

11. An ambulance and the police arrived at the premises

The deceased was in a coma. He was at about 2130 hours. transferred to Queen Elizabeth Hospital and was dead on arrival at 2142 hours.

12. A police constable who questioned the defendant at the scene stated in evidence that the defendant told him under caution at the scene that the deceased hit him with a wooder stick but did not inflict serious injuries upon him so her stabbed him to death with a knife. Later the defendant requested that this be altered in the constable's note book. Subsequently the defendant made another statement to the police even further reducing his responsibilities for what had happened.

MEDICAL EVIDENCE

13.

A post-mortem examination revealed that the deceased died from a wound in the left lung although he suffered three other stab wounds and a number of abrasions. The defendant LI was a much stronger man than the deceased.

DEFENCE

14. The defendant LT claimed that the deceased had initiated

Ho chimed that the fight over the volume of the television sei. the volume was not very loud bu: the deceased kept insisting that it be turned down. He stated that he did in fact turn the volume down a little. However, the deceased insisted on an even When lower volume and began to kick at the wall of his cubicle. the defendant refused to lower the volume further the deceased

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