CHARGE AGAINST DOAN NOT DROPPED
She’ll continue to stand trial after A-GC rejects her request to be freed
A30-YEAR-OLD Vietnamese woman, charged with the killing of Kim Jongnam, the half brother of North Korean leader Kim Jong-un, will continue to stand trial after the Attorney-General’s Chambers rejected her request to be freed.
The decision by the chambers was heard yesterday at the High Court, just three days after her Indonesian co-accused Siti Aisyah had been freed after the prosecution withdrew the charge against her.
Doan Thi Houng’s lead counsel, Hisyam Teh Poh Teik, said he was disappointed with the decision and would submit a second representation.
“There is obvious discrimination against my client. Attorney-General Tommy Thomas has favoured one party over the other. It is our complaint that the prosecution has not acted fairly and justly to Doan and her rights under Article 8 of the Federal Constitution have been violated,” he said.
In March last year, Siti Aisyah and Doan were charged, together with four men at large, at the Sepang magistrate’s court with murdering 45-year-old Kim Chol, the alias under which Jong-nam was travelling.
They were alleged to have committed the act at Kuala Lumpur International Airport 2 on Feb 13, 2017.
The case was later transferred to the High Court here.
Hisham said both accused ran the same defence before the court, stating that they thought they were part of a television prank show and were thus made scapegoats by the four men at large.
“Having said that, we have been instructed by the Vietnam Bar Federation and the embassy of Vietnam that their government, through the minister of justice and minister of foreign affairs, are in communication with their Malaysian counterparts to secure the release of my client.”
Hisham’s co-counsel, Salim Bashir, took a swipe at Thomas, stating that the latter should explain the basis of the chambers’ decision to drop Siti Aisyah’s murder charge and not Doan’s.
“Even though he is not required to do so, he has a moral obligation to explain to the court the reasons they freed Siti Aisyah.
“This will give us an answer and (we can) use it to free our client in the letter of representation,” he said, adding that they would send the second letter of representation as soon as possible.
Hisham said the latest development had tremendous effect on Doan’s mental and physical strength, as she was supposed to take the stand.
Doan, wearing a red shawl and baju kurung, appeared pale and tired, breaking into tears when speaking via her translator.
This led Hisham to ask the court for a postponement, saying that Doan was not fit to testify.
“She has only slept an hour every night since the event (Siti Aisyah’s release) on Monday. We are now at a crucial part of the defence case, where she will testify. I ask my lord to show her mercy and compassion and to give her some space,” he said.
Judge Datuk Azmi Ariffin adjourned proceedings on humanitarian grounds and fixed April 1 for continuation of the trial.
“I wish I could continue proceedings today. Unfortunately, from my observation, she is not well. She must be given an opportunity to be attended to by a doctor.”
The court allowed Hisham’s application for one witness to testify via video conference on April 1 as the identity of the witness must be protected.
The murder charge, under Section 302 of the Penal Code, carries a mandatory death sentence upon conviction.