Bank manager’s murder: High Court to rule June 12
I did not force Tiong King Guan when his statement was taken. The statement was taken in my office when he was not handcuffed and there was no other officer around.
SIBU: The High Court yesterday will make its ruling on June 12 following the trial of Ling Hang Tsyr and her male companion Tiong King Guan on a charge of abetting the killing of bank manager Stephen Wong.
The court heard yesterday testimony of the case’s investigating officer DSP Yeoh Shun Shyan on Tiong’s cautioned statement.
Ling and Tiong are charged under Section 109 and Section 302 of the Penal Code read together with Section 34 of the same code which provide for a mandatory death sentence on conviction.
They are accused of abetting the murder of Ling’s husband Stephen Wong at a house in Ulu Sg Merah about 1.30am on June 14, 2012.
The principal offender, Ling Hoe Ing, had been charged and convicted under an alternative charge under Section 304(a) of the Penal Code for culpable homicide not amounting to murder.
Hoe Ing pleaded guilty to the alternative charge and was sentenced to 16 years’ jail on Oct 1, 2013.
After Hoe Ing pleaded guilty, the court gave Tiong and Ling a discharge not amounting to an acquittal on their abetment charge but the charge was reinstated in February 2015 after the prosecution filed an appeal to the Court of Appeal.
A warrant of arrest had been issued against Tiong for failing to turn up in court when the charge was being reinstated. Tiong is still at large until today.
The deceased family members have offered RM50,000 reward for those who could provide information leading to Tiong’s arrest.
Tiong’s cautioned statement,
DSP Yeoh Shun Shyan, investigating officer
which he ( Yeoh) was said to have made on Aug 30, 2012, was tendered in court by the prosecution on April 12 this year.
Replying to the defence counsel Roger Chin at yesterday’s hearing, Yeoh told the court that Tiong was never forced to give evidence and facts that were not true.
He disagreed with Chin’s suggestion that Tiong’s cautioned statement was recorded by him ( Yeoh) using the methods comprising the elements of inducement, threat and promises.
Re- examined by deputy public prosecutor Mohd Fillany Siji, Yeoh said Tiong’s statement was reported directly from Tiong himself on Aug 30, 2012 and he did not use force when Tiong’s statement was taken.
“I did not force Tiong King Guan when his statement was taken. The statement was taken in my office when he was not handcuffed and there was no other officer around.
“If he were forced, he would have complained to his lawyer or magistrate when he was brought to the court,” he told the court, adding that he did not promise Tiong anything.
On a police report alleging that Yeoh had put some force on the accused to admit to the fact in the statement, Yeoh said the report was lodged on Nov 7, 2012 about three months after Tiong gave his statement to him ( Yeoh).
“If he were forced, he could have informed his lawyer or prison officer immediately,” he said.
He also said he had no reason to incriminate Tiong King Guan.
“I did explain to him Section 112 of the CPC sub- sections ( 2) and ( 3) before I began to take his statement. He said he understood and put his signature on my explanation,” Yeoh said.
He also said Tiong’ statement was important for his investigation as it was consistent with other witnesses and was consistent with documents in his investigation papers.
Judge Datuk Norcahaya Arshad ordered the defence to submit their submission by May 18 and the prosecutor to reply and submit his on May 21.