Kota Kinabalu - Court acquits student of fratricide charge

KOTA KINABALU: A 24-year-old college student was yesterday acquitted and discharged by the High Court for killing his brother at their house here last year.Judge Datuk Abdul Rahman Sebli made the ruling after considering all the evidence including the defence of Chaw Cheng Kiong.

Rahman was satisfied that Cheng Kiong has exercised his self defence and that he had not exceeded that right.

“Having done that it is my finding that the event leading to this tragic incident was precipitated by the deceased himself who on the evidence was clearly the aggressor against his smaller-built younger brother. It is clear to me that in causing the death of the deceased, notwithstanding the number of injuries he inflicted; the accused did so in order to preserve his own life,” Rahman said.

Chen Kiong is accused of murdering his 26-year-old elder brother Cheng Hong at their house in Reservoir Garden in Luyang at 4.30pm on March 30, last year.

The crime is punishable under Section 302 of the Penal Code which carries the mandatory death sentence on conviction.

The trial started on Dec 20, last year and the court ordered Chen Kiong to enter his defence on March 7, this year after it ruled that the prosecution had established a case against him.

Deputy public prosecutor Zairi Zainal Abidin called 11 witnesses throughout the trial.

Cheng Kiong is defended by counsel Sugumar Balakrishnan while Wan Aiman Azwan Wan Fakhruddin stood in as the deputy public prosecutor.

Earlier, the father pleaded to photographers not to take his son’s pictures and told reporters that he could not sleep the night before while waiting anxiously for the court decision.

The family avoided the press after the ruling was made.