Bill Kayong murder: 3 walk free
Judge acquits and releases trio accused of abetment, while murder accused called to enter his defence
There is no evidence to link all three with the murder case.
MIRI: Three men charged with abetting in the murder of Parti Keadilan Rakyat ( PKR) Miri secretary Bill Kayong on June 21, 2016 were discharged and acquitted yesterday.
Datuk Stephen Lee Chee Kiang, 46; Chin Wui Ching, 51; and Lie Chang Loon, 38; were charged with abetting Mohamad Fitri Fauzi, 30, under Section 109 of the Penal Code read together with Section 302 of the same Code, which carries a mandatory death sentence.
Ravinthran N Paramaguru, High Court Judge
When delivering his oral judgement, High Court Judge Ravinthran N Paramaguru said the prosecution had failed to establish a prima facie case.
“There is no evidence to link all three with the murder case. The only reference to Lee with the murder case was he was arrested in Kuala Lumpur in December last year, and earlier alleged involved in disputes.
“Similarly, there is also no evidence to link Chin and Lie with the murder case except they were required to give specimens for a chemistry report for DNA samples, which also showed no evidence to the case. Thus they were discharged and acquitted for there is insufficient evidence,” Ravinthran said to a packed courtroom.
However, Ravinthran said he was satisfied there is credible evidence for Mohamad Fitri – the fi rst accused – to enter his defence.
Ravinthran said Mohamad Fitri could remain silent, which means he could be convicted; or he could give an unsworn statement from the dock, which would not be ignored; or he could give sworn evidence, which would be given more weight than unsworn evidence.
Counsel for the accused Ranbir Singh said Mohamad Fitri had yet to make a decision and would inform the court during the trial set for June 14-16.
Mohamad Fitri, a bouncer, had pleaded not guilty to killing Bill.
He is charged with murder under Section 302 of the Penal Code, which provides for a mandatory death sentence.
Since March 7, a total of 28 prosecution witnesses, including investigating officer ASP Lee Chee Keat, have been called to testify.
Also representing the accused were Orlando Chua, Arthur Lee and David Kuok, while the three deputy public prosecutors were Mohd Fuad Abdul Aziz, Hadya Farizal, and Wan Mohammad I’zzat Wan Abdullah.
Simon Siah and Majen Panyog held a watching brief for the family of the victim.
Bill, who was also known as Mohd Hasbie Abdullah, was shot at a traffic light intersection in Tudan, Miri- Kuala Baram bypass.
Lee, a business man, was deported from China after he was caught by the Ministry of Public Security in Putiian Fujian Province on Dec 12 and subsequently handed over to Malaysian authorities.
Allegedly the mastermind behind the murder, Lee was deported under the escort of a special taskforce led personally by state CID chief Datuk Dev Kumar.
Lie is a pub owner, while Chin is a personal assistant to Lee.
MIRI: The family members and friends of Parti Keadilan Rakyat ( PKR) Miri secretary Bill Kayong were shocked and angered by the High Court’s decision yesterday to acquit all three men accused of abetting in his murder.
When contacted, Davy Kayong – Bill’s younger brother – said the family was in total shock.
“We cannot accept the decision. We cannot believe it,” he said.
A group of Bill’s friends and relatives gathered in front of the courthouse were seen shouting their dissatisfaction over the ruling.
Bill’s widow Hasyikin Hatta, and his two children Zinedine Zidane, 18, and daughter Veralyna Kay, 15, were also seen in court, but would not comment on the ruling.
Hasyikin walked directly to her car as soon as the session ended around 11.45am.
Judge Ravinthran N Paramaguru discharged and acquitted Datuk Stephen Lee Chee Kiang, 46; Chin Wui Ching, 51; and Lie Chang Loon, 38; as he said the prosecution had failed to establish a prima facie case.
However, Ravinthran said he was satisfied there is credible evidence for Mohamad Fitri Fauzi, 30, to enter his defence.
Mohamad Fitri is charged with murder under Section 302 of the Penal Code, which provides for a mandatory death sentence.