Kuching court acquits 2 of murder charge


Desmond Davidson

The Kuching high court acquits Teng Jing Biau (third left) and Tiong Kim Kai (second right) of the death of a businessman in 2019. – The Malaysian Insight file, September 15, 2023.

TWO men said they were at a loss for words when asked to describe their feelings after the Kuching high court this afternoon discharged and acquitted them of murdering a businessman in 2019.

Tiong Kim Kai, who managed to let off a muted clap as soon as Justice Alwi Abdul Wahab’s decision was translated to him in Mandarin, and Teng Jing Biau, could not find the words to describe their feelings.

Celebrating Malaysia Day tomorrow was never even in their plan.

Teng, from Bintulu, later said he had mixed emotions, happy and angry at the same time.

Happy that he is now a free man and angry for getting locked up for four years for something he didn’t do.

Uncertain where he will be staying in Kuching tonight as he had suddenly lost his “bedroom” for the last four years, Teng said he is trying to get back home to Bintulu as soon as possible to see his family.

Teng has two children – one 13 and the other 11.

The 41 year-old Teng and 32 year-old Tiong, of Miri, were charged with having a common intention with four Chinese nationals – the prime suspects – in the kidnapping and stabbing to death of businessman Tang Tung Kuok on the night of January 12, 2019 in Kuching.

The Chinese nationals were not brought to justice as they had fled the country after the crime was committed.

In discharging and acquitting Teng, who was the interpreter for the four Chinese nationals while Tiong was the driver who chauffeured them around during their stay in Kuching, Justice Alwi said the prosecution had failed to prove a prima facie case.

Justice Alwi said the prosecution’s argument that Teng and Tiong had common intention with the four Chinese nationals was “far fetched”.

He said he found there was “no meeting of minds and pre-arranged plans” and the circumstantial evidence deduced by the prosecution was not strong enough to convict the duo.

The victim, Tang, was kidnapped by five persons outside his office at Jalan Datuk Tawi Sli and taken to an “abandoned bungalow” at Jalan Dogan, off Jalan Ong Tiang Swee, where he was killed.

He was found lying face down with his hands and legs bound by a nylon rope.

There was a stab wound to his chest.

The prosecution produced 38 witnesses but Teng’s counsel, Roger Tiong, and Tiong’s counsel, Voon Lee Shan, had argued their clients could not have committed the crime.

“They (prosecution) said they (Teng and Tiong) committed the murder but there were no fingerprints or DNA traces of the duo on the knife used in the killing,” Roger Tiong later explained to reporters outside the court.

During the trial, the evidence showed that the four Chinese nationals were the prime suspects.

No motive in the killing could be pinpointed during the trial though it was suspected it could be linked to online gambling. – September 15, 2023.



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