Accused in murder case discharged but not acquitted
A man and a woman charged with abetting the murder of bank manager Stephen Wong were yesterday discharged not amounting to acquittal by the Sessions Court here on the amended charge under Section 302 of the Penal Code.
Last Monday, Deputy Public Prosecutor ( DPP) Mirza Mohd applied at the Sessions Court to have the charge against Ling Hang Tsyr, 31, and her male friend Tiong King Guan, 28, amended to one punishable under Section 109 and Section 302 of the Penal Code, which provides for mandatory death sentence.
They were first charged under Section 109 and Section 302 at the High Court but later the charge was amended to Section 109 and Section 304 (a).
The maximum penalty under Section 304 is 30 years’ jail.
When the DPP wanted the charge to be amended back to Section 109 and Section 302 last Monday, his application was strongly objected by all the defence counsels who argued that the High Court had at the outset of the case quashed the charge (Section 302) on the ground that it was defective and had granted discharge not amounting to acquittal ( DNAA) in favour of both accused on Feb 26.
The defence counsels were Orlando Chua, Anthony Tai, Roger Chin and Sempurai Petrus.
Chua is representing Tiong while Tai, Chin and Sempurai are representing Ling.
Sessions Court judge Amernudin Ahmad made the ruling yesterday after examining the case and the fact that the charge under Section 302 was earlier preferred against the accused before the High Court which dismissed and granted DNAA on the accused. There was no appeal as well. “It is my view that we are held on the High Court’s decision. Furthermore DPP now preferred the same charge against the first and second accused before me.
“I agree that there are neither provisions nor the laws that allow this to take place and I strongly believe that the move by DPP at this juncture would be an abuse of the process of the court. I never
It is my view that we are held on the High Court’s decision. Amernudin Ahmad, Sessions Court judge
allow this to happen,” he pointed out.
He also agreed that going against the decision of the High Court would even tantamount to contempt of the Court.
“Therefore, I rule that the amended charge be quashed and order the accused to be discharged not amounting to acquittal,” he said.
According to the victim’s family lawyer, Christina Teng, the family was in shock and disappointed with the outcome of the court’s decision.
“They were in shock and furious.
“We will raise our concern on the matter to the government,” she said.
Meanwhile, according to the charge, both accused were alleged to have committed the offence on June 14, 2012 at about 1.30am at a house in Ulu Sg Merah, by way of conspiracy abetted Ling Hoe Ing, 24, in the commission of culpable homicide not amounting to murder of Stephen Wong.
Principal offender Hoe Ing had been charged and convicted under 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, last year.