Bill Kay­ong mur­der trial: Two pros­e­cu­tion wit­nesses im­peached

The Borneo Post - - HOME - By Ce­cilia Sman re­porters@the­bor­neo­post.com

MIRI: The High Court here yes­ter­day or­dered two pros­e­cu­tion wit­nesses to be im­peached for con­tra­dic­tions be­tween their tes­ti­monies in court against Mo­hamad Fitri Pauzi the first ac­cused in the mur­der trial of so­cial ac­tivist Bill Kay­ong and the cau­tioned state­ments they made to the police.

Mo­hamad is charged to­gether with three oth­ers in mur­der­ing so­cial ac­tivist, Bill Kay­ong on June 21, 2016. Paul Boni­face Agan, 29, and Sim Chien Hui were giv­ing their tes­ti­monies on the tenth day of the trial yes­ter­day.

Judge Ravinthran Para­m­aguru al­lowed im­peach­ment ap­pli­ca­tions by Deputy Public Pros­e­cu­tors ( DPP) Mohd Fuad Ab­dul Aziz and Hadya Farizal Abu Has­san.

The judge said the wit­nesses were im­peached be­cause in their state­ments they said they were con­tacted on many oc­ca­sions by Mo­hamad and his as­so­ci­ates prior to the mur­der but in their tes­ti­monies they claimed the police had forced them to sign the pre­pared state­ments and that they had no con­nec­tion with Mo­hamad.

“I was forced to make the state­ment and they ( police) in­formed me af­ter seven days

I was forced to make the state­ment and they (police) in­formed me af­ter seven days of re­mand I will be re­leased. Paul Boni­face Agan

of re­mand I will be re­leased,” Boni­face said dur­ing the cros­sex­am­i­na­tion by Hayda.

Boni­face also claimed he was beaten by the police while be­ing re­manded and was told if he as­sisted in the in­ves­ti­ga­tion he would not end up be­ing de­tained for two years un­der Preven­tion of Crime Act 1959.

Sim also de­nied hav­ing any­thing to do with the mur­der case, adding that the lengthy police state­ment he signed was a pre­pared state­ment which he was forced to sign.

Apart from Boni­face and Sim, two other public pros­e­cu­tion wit­nesses – Lau Lee Shen, 35, and in­ves­ti­gat­ing of­fi­cer ASP Lee Chee Keat – also tes­ti­fied, start­ing with the con­tin­u­a­tion of cross- ex­am­i­na­tion on Lau.

Cross- ex­am­ined by Coun­sel Ran­bir Singh, Lau main­tained his tes­ti­mony that he ac­com­pa­nied Mo­ham­mad for a shot­gun test­ing in Bakam, but did not re­mem­ber the date and month. Queried fur­ther Lau told the court that he had no idea whether Mo­hamad had plans to use the shot­gun for hunt­ing in a log­ging camp.

Mean­while, Lee, who was the last to tes­tify be­fore the court ad­journed, only ten­dered his wit­ness’ state­ment. Some of the words used were ob­jected by the de­fence coun­sel.

Among the words ‘ den­gan di­pandu arah saspek Mo­hamad Fitri… dan me­nun­jukkan laluan per­jalanan’ (… he was guided and shown the way by the sus­pect) which were tan­ta­mount to ad­mit­ting to com­mit­ting the crime. Thus in ac­cor­dance with the Crim­i­nal Pro­ce­dure Code, and Ev­i­dence Act 1950, the coun­sel re­quested the words be ex­punged.

Hear­ing con­tin­ues at 9am to­day with Lee con­tin­u­ing his tes­ti­mony against Mo­hamad Fitri who is charged to­gether with three oth­ers with the mur­der of Bill.

They are Lie Chang Loon, 38; Datuk Stephen Lee Chee Kiang, 46; and Chin Wui Ching, 51. They are charged with abet­ment (abet­ting Mohd Fitri) – an of­fence pun­ish­able un­der Sec­tion 109 read to­gether with Sec­tion 302 of the Pe­nal Code, which carry the manda­tory death sen­tence upon con­vic­tion.

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