Datuk, bodyguard charged with murder


  • Nation
  • Tuesday, 12 Oct 2004

BY M. MAGESWARI AND CHARANJEET KAUR

KUALA LUMPUR: Datuk Seri Koh Kim Teck, an executive director of a stockbroking firm, has been charged with the murder of his 14-year-old nephew.  

Jointly charged with him of killing Xu Jian Huang was Koh’s 32-year-old Sabahan bodyguard Resty Agpalo. 

Datuk Seri Koh Kim Teck(Inset: Xu Jian Huang)

They are accused of killing the boy at a house in Jalan Mengkuang, off Jalan Ampang, Cheras, at between 11pm on Sept 26 and 3.30am the next day. 

If convicted, the two face a mandatory death sentence, under Section 302 of the penal code. 

Koh, 50, also faces an alternative charge of abetting Agpalo, at the same place and time, of killing Jian Huang, who had been staying with him since the Chinese national was a child. 

Agpalo, who has been working for Koh over 10 years, also faces an alternative charge of murdering the boy at the same place and time. 

No plea was recorded from the two accused.  

Koh was among 10 recipients named for the Sri Sultan Ahmad Shah Pahang (SSAP) state award in conjunction with the 73rd birthday of the Sultan of Pahang last year. The award carries the title “Datuk Seri”. At the time of the award, it was reported that Koh was the chairman of Kimzen Capital Services Sdn Bhd.  

Sabahan bodyguard Resty Agpalo

Earlier, police led Koh and Agpalo, who were handcuffed to each other, through the tunnel leading to the court’s lock-up.  

Koh, who was clad in a light brown jacket, dark blue shirt and black pants, stood near the enclosure of the lock-up to chat with his lead counsel V. Sithambaram.  

An unidentified man greeted him as Koh talked to the lawyer. 

Fang Shu Jin,24,from China, who was staying in Koh's house, was jailed for 10 months for overstaying on her student pass.

Agpalo, represented by counsel K.K. Wong, appeared nervous and glanced at reporters sitting at the bench near the dock. 

When their case was called before magistrate Aizatul Akmal Maharani at 11.48am, Koh and Agpalo walked calmly to the dock to face their charges. 

Koh, who was arrested a day after the alleged murder, shook his head when a court interpreter read the charge to him in Malay.  

He asked her to translate it in English. When she read the principle charge again, in English, Koh just said “No”. He added that he understood the allegation against him. 

Agpalo, who was arrested on the day of the alleged offence, told Aizatul he understood the accusation against him and bowed his head when the alternative charge was read. 

Upon an application by Deputy Public Prosecutor Stanley Augustin, Aizatul transferred the case to the High Court. The mention date has yet to be fixed.  

Datuk Muhammad Shafee Abdullah held a watching brief for Jian Huang’s international school, while counsel N. Rajivan also represented Koh.  

GREIVING DAD: Jian Huang's father Xu Jin Lai, 39 arriving at Hospital Universiti Kebangsaan Malaysia to claim the body of his son Monday.

In the same court, Chinese national Fang Shu Jin, 24, whose passport was recovered in Koh’s living room, was jailed 10 months for overstaying on her student pass.  

Aizatul ordered the jail term to run from the date of arrest on Sept 28. 

Koh, Agpalo, Shu Jin and two others – another of Koh’s bodyguard and Indonesian maid Darwati Ngawoto, 32 – had been in remand since late last month. 

Police released the Malaysian bodyguard on Saturday. It is learnt that the man, who is also a gym instructor, will be a potential prosecution witness. 

Aizatul ordered for Darwati to be detained in a civil prison until the disposal of the trial and instructed for compensations to be paid to her accordingly. 

DPP Augustin had applied for Darwati, who had been working with Koh for six days prior to the alleged crime, to be detained pending trial as a prosecution witness. 

He said the police would pay Darwati RM10 daily as costs for her stay. 

At this juncture, Wong interjected, saying Darwati was entitled to engage a lawyer to advise her. 

Aizatul then asked Darwati if she would have any problem staying in the prison 

Darwati replied that she understood the condition.  

Shu Jin pleaded for leniency and asked to be repatriated back to China soon. 

She said in Chinese: “I beg the court to only impose a fine sentence as I do not want to stay in jail. I want to go back to my country as soon as possible, sir.”  

Suddenly, she spoke in Malay: “I am asking a favour from you, sir. Please help me, please help me, “ she said. 

However, DPP Augustin asked the court to impose a deterrent sentence saying that Shu Jin had overstayed here for two years and 17 days. 

“The court has to jail her so to send a strong message to the public and foreigners that if anyone overstayed in our country they will be jailed,” he said.  

Related stories:Datuk and bodyguard to face murder charge 

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