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.
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”.