Duo discharged, acquitted of murdering businessman in Kuching

Judge Dato Dr Alwi Abdul Wahab ruled that the prosecution had failed to prove a prima facie case against the two accused. – Photo by George Hodan/publicdomainpictures.net

KUCHING (Sept 15): The High Court here today discharged and acquitted two men of a murder charge against a businessman in 2019.

Judge Dato Dr Alwi Abdul Wahab ruled that the prosecution had failed to prove a prima facie case against the two accused – 41-year-old businessman from Bintulu and 32-year-old man from Miri.

Both were charged under Section 302 of the Penal Code which provides for the death penalty upon conviction.

They were discharged and acquitted without calling for their defence.

According to the charge, the duo together with four male Chinese nationals committed murder against Tang Tung Kuok, 37, between 10.30pm on Jan 12 and around 9am on Jan 15 at an abandoned house at Jalan Ong Tiang Swee.

In his judgement, Alwi said among others, there were no eyewitnesses to the murder of the deceased and the prosecution relied on circumstantial evidence to prove that the offense was committed by the first and the second accused person.

According to Alwi, in his view, the circumstantial evidence presented by the prosecution was not strong enough to show that the two accused had any role in the murder of the victim.

“During the trial, the police witnesses who were involved in the investigation and the retrieval of exhibits (witness 28) and the investigating officer (witness 37), both testified that the Chinese national was the prime suspect in the murder of the deceased.

They even admitted in their evidence that the investigation into this case is incomplete without the arrest of the four China nationals. In my view, the circumstantial evidence adduced by the prosecution was not strong enough to irresistibly point to the two accused of any role in the murder of the deceased.

Having subjected the prosecution evidence to maximum evaluation, I find that no prima facie case has been made out. As such, based on this finding, I order the first and the second accused be discharged and acquitted from the charge. Order accordingly,” he said during today’s proceedings.

It is understood that the victim suffered serious injuries to the chest after being stabbed with a knife, and later succumbed to the injuries.

The four Chinese nationals were also understood to be in the state for a business meeting with the victim.

The Chinese nationals have also tasked one of the accused to be their translator, besides buying camping equipment such as knives, ropes and long-sleeved shirts for camping while Tiong is tasked to be their driver.

The first accused was represented by lawyers Roger Chin and Michael Kong, while the other was represented by lawyers Voon Lee Shan and Alex Kong.

The previous prosecution was handled by DPP Ronie Entili before the case was taken over by DPP Aidatul Azura Zainal Abidin.

A total of 38 prosecuting witnesses were brought in for the trial which started in 2019.