Kim Jong-nam’s murder investigation described as shoddy

SHAH ALAM: The High Court here yesterday heard that the prosecution had failed to prove the two accused had the common intention to murder the estranged half- brother of North Korean leader, Kim Chol or Kim Jongnam.

Lawyer Gooi Soon Seng who is representing Indonesian Siti Aisyah, 26, said that his client was never jointly charged with the second accused Vietnamese Doan Thi Huong, 29, as the prosecution fai led to prove they had the common intention to murder Kim Chol.

“The first accused was never jointly charged with the second accused. But she was charged with four others who were never named and still at large,” said Gooi in his submissions at the end of the prosecution case.

Describing the investigation done by investigating officer, ASP Wan Azirul Nizam Che Wan Aziz as shoddy, Gooi said the prosecution relied on two points which were the closed circuit television camera (CCTV) footages and the existence of degradation product of VX on a sleeveless shirt worn by Siti Aisyah.

“The case by the prosecution is based on circumstantial evidence with no direct evidence, mostly based on KL International Airport 2 ( klia2) CCTV,” he said adding that in the CCTV footage the alleged “attack” is not clear and all that is seen is a figure rubbing something into a man’s face.

“It is pure conjecture when the prosecution said the accused went to the toilet and washed her hands. There is no footage showing her going to the toilet. There were no traces of the chemical found in the toilet nor on the trail that she took,” he said.

He also emphasised that the sleeveless t-shirt that was claimed to be worn by Siti Aisyah did not have any trace of her DNA and no traces of the chemical was found under her fi ngernails.

“The prosecution must prove she was wearing the t- shirt on the day of the incident. But there were no traces of her DNA found compared to the shirt worn by the second accused. If traces of the chemical were found on the shirt, you should find traces of DNA. Was this shirt really worn by the accused?” Gooi raised in court.

Gooi recalled the testimony given by the investigating officer where the t-shirt was said to have been bagged into a black plastic bag but the chemist Dr S. Raja in his evidence had said to have received it in a transparent bag.

He also pointed out that the investigating officer failed to check his client’s mobile phone which was confiscated and which would have shed light to the incident.

“She had sent messages to friends and family about her being an actress, and hoped for her contract to be extended. The failure by the investigating officer contributed to gaps in the whole story which will be a mystery as the North Koreans who were seen on the CCTV footages have since left Malaysia,” he said.

Meanwhile, counsel Hisyam Teh Poh Teik representing Doan said the prosecution failed miserably to establish a prima facie case of murder.

“The reasons being that the accused has no motive to cause injuries, let alone death to Kim Chol. The mens rea element has not been proven and it was a very shoddy investigation by the investigation officer. The prosecution has failed to prove the element of common intention,” he said adding that although motive is not an ingredient of murder, motive is still relevant consideration.

“The prosecution’s case is strengthened if motive is proved. The prosecution must prove Doan knew or had knowledge the liquid was applied onto her palm by Ri Ji Hyon or known as Mr Y and capable of causing injuries or death,” he said.

Siti Aisyah and Doan were charged with four others still at large with the murder of Kim Chol, 45, at the klia2 departure hall at 9 am on Feb 13 last year.

They were charged under Section 302 of the Penal Code which provides for the mandatory death sentence upon conviction.

The hearing of submissions before judge Datuk Azmin Ariffin continues tomorrow with Deputy Public Prosecutor to reply.