MIRI: The High Court here yesterday adjourned to August 18 the trial for Mohamad Fitri Pauzi to enter his defence on the charge of murdering social activist Bill Kayong in June last year.
High Court Judge Ravinthran N Paramaguru made the decision after taking into consideration the second of the two applications made by deputy public prosecutor, DPP Mohd Fuad Abdul Aziz, for at least two weeks to investigate the Notice of Alibi made two days ago by Ranbir Singh – counsel for Fitri who is first accused.
The first application is for the trial to be adjourned until the appeal against the acquittal of the second, third and fourth accused persons is decided by the Court of Appeal.
“As parties were taken by surprise in respect of the first application – whereby the DPP was instructed to make the application only this morning, I shall defer decision on it.
“As for the second application not objected by counsel, I shall adjourn the trial to August 18, which is the earliest date suitable to all parties,” said Ravinthran in a packed court room.
He said in the event that he proceeded with the trial, counsel for the accused had indicated that one day is sufficient as he is calling only one witness.
On June 6, Ravinthran said the prosecution had established a prima facie case against Mohamad Fitri and the court was adjourned to June 14 to 16 for Mohamad Fitri to enter his defence.
Meanwhile, three others, all Mirians including corporate figure Datuk Stephen Lee Chee Kiang charged with abetting with Mohamad Fitri, were discharged and acquitted of all charges, after the prosecution had failed to establish a prima facie case against the trio.
The other two were Lee’s personal assistant Chin Wui Ching, 51, and pub owner Lie Chang Loon, 38.
The decision over the trio’s acquittal triggered anger especially among social activists in the state, questioning the capabilities of the prosecution team in handling high-profile murder cases.
They were charged with abetting Mohamad Fitri, 30, an offence punishable under Section 109 read together with Section 302 of the Penal Code, which carry the mandatory death sentence upon conviction Mohamad Fitri, a bouncer, is charged with murder under Section 302 of the Penal Code, which provides for a mandatory death sentence. He had pleaded not guilty to killing Bill – PKR Miri secretary.
Bill also known as Mohd Hasbie Abdullah was shot dead inside his 4WD vehicle at a traffic light intersection near E-mart supermarket in Tudan at 8.20am on June 21 last year.
Meanwhile, those also hearing the court proceeding yesterday were DPP Hayda Farizal Abu Hassan, counsels Orlando Chua, Arthur Lee and David Kuok as well as three lawyers on watching brief for the family of the victim, led by Batu Lintang assemblyman and PKR Sarawak vice-chairman See Chee How.
Among the about 100 people anxiously awaiting the court ruling were other PKR exco members, Miri MP Dr Michael Teo, Krian assemblyman Ali Biju, family members and representatives of non-governmental organisations, including president of Tarabai Menua, Laurence Uri.
Several of them interviewed later were very hopeful that justice would prevail.
“We are glad that the Court of Appeal is working on the appeal against the acquittal of the second, third and fourth accused persons and hope that justice is meted on those guilty of the offence,” said Dr Teo to reporters.
Laurence, meanwhile, said: “We were very disappointed with the acquittal and pray that the Court of Appeal will be effective in getting the offenders”.