PUTRAJAYA: The Court of Appeal here yesterday told the prosecution to consider proceeding with the appeal against two former bodyguards in the murder of a Chinese teenager in the absence of a co-defendant.The three-member panel led by Datuk Wira Low Hop Bing gave the directive following the prosecution’s unsuccessful attempt to locate the second defendant, businessman Koh Kim Teck.
The other two judges were Datuk Azhar @ Izhar Ma’ah and Datuk Abdul Wahab Patail.
Justice Low also directed deputy public prosecutor Ishak Mohd Yusof to explain to the court what the prosecution had done to execute the warrant of arrest, which was issued by the Court of Appeal nine months ago, against Koh for failing to turn up for the appeal hearing.
He then adjourned the matter to a date to be fixed.
The prosecution is appealing against the acquittal of Koh, 58, Resty Agpalo, 40, and Mohamad Najib Zulkifli, 32, on a charge of murdering Koh’s nephew, Xu Jian Huang, a student, at a bungalow in Jalan Mengkuang off Jalan Ampang, Kuala Lumpur, between 11pm on Sept 26, 2004 and 3.30am the following day.
The three were acquitted and discharged by the High Court on Sept 20, 2005, without their defence being called.
Earlier, Ishak requested an adjournment because the prosecution still could not execute the warrant of arrest on Koh.
Gobind Singh Deo, counsel for Resty and Mohamad Najib, objected to the postponement, saying that the hearing of the prosecution’s appeal was originally set for March 14, 2007, and had been postponed several times due to Koh’s failure to turn up in court.
He said that on Jan 5, the Court of Appeal granted the final adjournment to the prosecution.
He also wanted the prosecution to show what steps it had taken on the execution of the warrant of arrest on Koh.
Koh was unrepresented as his counsel Datuk V Sithambaram had discharged himself.
Both Agpalo and Mohamad Najib were present in court. — Bernama