22 May 2011

Batu Kawa murder case: Prosecution rejects charge presented by defence team

KUCHING: The presentation of charge against two accused persons in the Batu Kawa murder case, who were ordered to enter their defence, was rejected by the prosecution in the High Court here yesterday.

The presentation made by counsels Roger Chin and Albert Tang who represented the duo, Chung Chung Kiang and Lee Wee Koon, was heard before Judicial Commissioner Ravinthran N Paramaguru.

The charge under 302 of the Penal Code framed against the duo which carries a mandatory death sentence was maintained.

They were charged with murdering one Tan Kok Kiang between 2pm and 5pm six years ago at a wooden double-storey detached house in Batu Kawa.

The accused had appealed for a lighter charge to be imposed on them.

The court yesterday ordered the case to be reverted to Court of Appeal (CA) for disposal of the appeal for charge reduction.

The prosecution had established a prima facie case against the duo, who were ordered to enter their defence.
Further mention of the case will be heard on Sept 20 in CA.

The court yesterday ordered the duo to be further detained in police custody pending the hearing as murder offence is unbailable.

Initially six persons were charged in court over the murder but four others had been released.

They were discharged and acquitted from the offence as the prosecution had failed to prove a prima facie case against them.

Yesterday, the court also allowed the prosecution’s application to withdraw the appeal filed against the decision on the acquittal of the four persons.

Source: The BorneoPost Online

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