JOHOR BARU: Two men escaped the gallows after the High Court here acquitted and discharged them of a murder that took place at a petrol station in Taman Pelangi eight years ago.
Justice Kan Weng Hing ordered the release of Tee Sie Hou, 27, and Koh Sing Wei, 28, after rejecting the prosecution’s request for a discharge not amounting to an acquittal (DNAA).
Deputy Public Prosecutor Juliana Jaafar had urged the court to grant a DNAA instead of a full acquittal, arguing that investigations were still ongoing.
“The prosecution has decided not to proceed and will withdraw the charges against the accused.
“Since the case remains under investigation, we request a DNAA to ensure the suspects remain available for any future developments,” she said.
However, Datin Freda Sabapathy, representing Koh, countered that the prosecution had no evidence against her client despite years of investigation.
“The investigation began on December 17, 2017. After eight years, the prosecution has concluded there is no evidence to proceed against the accused.
“They are now seeking a DNAA, but after reviewing the representation submitted by the accused, including an alibi, they decided not to pursue the charges.
“Given these circumstances, we request a full acquittal, as it would be unfair and unjust to leave the charges hanging over the accused’s head,” said Freda, who represented Koh alongside lawyer K Sarawana Kumar.
She noted that Koh was among 23 individuals arrested on December 18, 2017 in connection with the murder of Tan Aik Chai, 44, at a petrol station along Jalan Sri Pelangi in Taman Pelangi.
“Koh was released after 14 days of investigation, with no charges brought against him.
“Of the 23 suspects, only three were initially charged in court, leading to a full trial with 23 witnesses. Koh was later rearrested and charged with murder under Section 302 of the Penal Code in December 2022,” she said.
Meanwhile, Chuah Shyue Chien, representing Tee alongside Kenji Soh Xin Da, said their client had been arrested and charged in September 2021, four years after the incident.
“A key argument in our representation, which the prosecution accepted, was that Tee was unaware of the incident and was not at the scene when it occurred,” he said.
After considering the arguments, Justice Kan ruled that the two accused be acquitted and discharged.
“The incident happened in 2017, and after eight years, they still could not obtain sufficient evidence.
“If there was no evidence, why were charges brought in the first place?” he remarked before delivering his judgment.
On September 6, 2020, three other men accused of the same murder were also acquitted and discharged by the High Court after a full trial involving 23 witnesses.
In her ruling, Judicial Commissioner Shahnaz Sulaiman freed Gan Jia Ji, 22, Yip Kah Hou, 26, and Woon Kian Hui, 25, after determining that the prosecution had failed to establish a prima facie case against them.
