Bill Kayong murder trial: Two prosecution witnesses impeached
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.