00:01The High Court in Klang has acquitted and discharged a freelance female interpreter
00:06and two men of conspiring to murder her husband four years ago
00:10after ruling that the prosecution failed to establish a prima facie case.
00:16Judge Noliza Othman acquitted Leong Eng Eng, 41, Lim Yon He, 40, and Mok Karm Lun, 41,
00:24at the close of the prosecution's case.
00:26The court also allowed the withdrawal of the same charge against Lim's brother, Lim Yon Lun,
00:33who died of tuberculosis last year.
00:35All four had been accused of conspiring to murder Chow Tiam He, 41,
00:40at a house in Tamananika, Sungai Udang, Klang, between 1.20am and 1.40am on September 15, 2022.
00:50In her ruling on Friday, Noliza said the prosecution failed to prove any conspiracy,
00:56noting there was no direct or circumstantial evidence from prosecution witnesses linking
01:02the accused to the alleged plan.
01:04She said that to establish a case against Leong, the victim's wife at the time,
01:08more than bloodstains on her clothing was required to prove she had inflicted fatal injuries.
01:13The court also criticised the prosecution's reliance on CCTV footage, describing it as blurry and inconclusive.
01:21It added that the footage was inadmissible as the prosecution failed to produce a certificate
01:27under Section 90A of the Evidence Act 1950 to authenticate it as a computer-generated record.
01:35Noliza said investigators only tendered a memory card seized from investigating officers
01:42without the original recording device, making verification of authenticity impossible.
01:48Cash amounting to RM2,600 seized from LIM, alleged to be payment money,
01:54was also not supported by any evidence.
01:57The judge further noted investigative shortcomings, including the absence of key recordings,
02:03such as any struggle at the scene, which could have linked the accused to the fatal assault.
02:09She added that investigators also failed to properly establish the relationships between the accused,
02:15including who was present at the house that night, and their connections to Leong.
02:20Noliza concluded that the prosecution had failed to prove a prima facie case against all the accused
02:27under Section 302 of the Penal Code, read with Sections 34 and 109.
02:34The prosecution called 22 witnesses during the trial, which began in September 2023.
02:50The trial was a very significant.
02:50The prosecution had designed by the students who had taken care of the court,
02:50which was a very few years ahead of the past as theIDEA and the PYEN-CA.
02:51Theinters of the rule was the prototype, which was a very sick term for the court or the same time.
02:51The prosecution had been pushed by the system and now who has got a great determination to be used on
02:51the length of the trial.
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