Release of suspect challenged

  • Nation
  • Wednesday, 21 Dec 2005

KOTA KINABALU: A lorry driver is applying for a judicial review in the High Court in connection with the murder of his 20-year-old son Anthony Chang Kim Fook on Oct 23. 

David Chang Tai Kim, through Messrs C.J. Liew and Co, is applying for leave with regard to the release on bail of the main suspect or suspects in connection with the case. 

Named as respondents are the Penampang OCPD, Sabah Police Commissioner and the Attorney-General. 

CONFERRING WITH COUNSEL: David (right) and other family members talking to their lawyer Christina Liew (left) outside theKota Kinabalu High Court yesterday.

David is also seeking leave to apply for an order of mandamus to enforce the law against the main suspect or suspects in the murder. 

He is asking for the main suspect or suspects to be detained under Section 259 of the Criminal Procedure Code (CPC) pending their arraignment before the courts.  

(The section allows suspects to be remanded pending the further gathering of evidence.)  

Alternatively, he is seeking to review the prosecutorial discretion in bringing charges against the suspects. 

Anthony was shot dead about 4.30am outside the Penampang library, and 11 suspects, including a former state minister and his three sons, were detained in connection with the case and later released on police bail. 

In his 17-page affidavit, David said that immediately after the incident, police arrested Datuk Conrad Mojuntin, the owner of a semi-auto shotgun allegedly used in the incident. 

He argued that the Sabah Police Commissioner had said that the case was solved with the arrest of the main suspect or suspects and police knew who pulled the trigger that killed Anthony, who was shot in the neck, chest and face. 

He said the main suspect or suspects were quoted to have been released on police bail on the advice of the Attorney-General’s Office. 

He said the release on bail of a person or persons suspected of murder under Section 388 of the CPC was illegal and wrong in law and “extremely unfair”.  

Article type: metered
User Type: anonymous web
User Status:
Campaign ID: 1
Cxense type: free
User access status: 3

Next In Nation

Dr Mah: 10% of teachers vaccinated against Covid-19
Covid-19: Five shuttlers test positive, Academy Badminton Malaysia shuts down
Durian trader claims cheated of over RM170,000 in investment scam
Fireworks worth over RM90,000 seized, three arrested in Senai
Tok Adis Ramadan bazaar ordered to close for violating SOP
Eight held over Raya-themed gambling ad
Covid-19: Healthcare workers infected after vaccination had less severe symptoms, says Health DG
Over 136,000 police retirees, ex-policemen eligible for one-off RM500 assistance
Police seeking information on Cheras restaurant fight
Long border closure with Singapore straining family ties, says group

Stories You'll Enjoy