KUALA LUMPUR: Vietnamese Doan Thi Houng, charged with murdering Kim Jong-nam, the half brother of North Korean leader Kim Jong-un, will continue to stand trial.
The Attorney-General has rejected her request to be freed.
Doan's lead counsel Hisyam Teh Pok Teik told the High Court today that the Attorney General Tommy Thomas had rejected the representation submitted on March 11.
Four days ago Doan's co-accused, Indonesian Siti Aisyah, was freed after the prosecution withdrew the charge against her.
Hisyam said he was disappointed with the AG's decision and would submit a second representation.
“There is obvious discrimination against my client and the Attorney-General has favoured one party over the other. It is our complaint that the prosecution has not acted fairly and justly to Doan and her rights under Article 8 of the Federal Constitution have been violated,” he said.
In March 2018, Siti Aisyah and Doan were charged, together with four men still at large, at the Sepang magistrate’s court with murdering 45-year-old Kim Chol, also known as Jong-nam.
They were alleged to have committed the offence at klia2 on Feb 13, 2017.
The case was later transferred to the High Court in Shah Alam.
Hisham said both accused had the same defence, that they thought they were part of a television prank show and were thus made scapegoats by the four men still at large.
“Having said that, we have been instructed by the Vietnam Bar Federation and the embassy of Vietnam that their government, through the minister of justice and minister of foreign affairs, are in communication with their Malaysian counterparts to secure the release of my client,” he said.
Hisyam’s co-counsel, Salim Bashir, when met after the proceedings, also took a swipe at Thomas, stating that the latter should come to court to explain the basis of his decision to drop Siti Aisyah’s murder charge and not Doan’s.
“Even though he is not required to do so, he should have a moral obligation to explain to the court the reasons why they freed Siti Aisyah. This will give us an answer and help us to free our client in the letter of representation,” he said, adding that they would send the second letter of representation as soon as possible.
Meanwhile, Hisham said the latest development has had a tremendous effect to Doan’s mental and physical strength, and she was supposed to take the stand in the witness stand.
Doan, wearing a red shawl and baju kurung, appeared pale and tired, breaking into tears when speaking via her translator.
This led Hisham to ask the court for a postponement, saying that Doan was not fit to testify.
“She has only slept an hour every night since the event on Monday (Siti Aisyah’s release). We are now at a crucial part of the defence case, where she will testify. I ask my lord to show her mercy and compassion and to give her some space,” he said.
Judge Datuk Azmi Ariffin then adjourned proceedings on "humanitarian grounds" and fixed April 1 for continuation of the trial.
“I wish I could continue proceedings today. Unfortunately, from my observation, she is not well. She must be given an opportunity to be attended by a doctor,” he said.
The court also allowed Hisham’s application for one witness to testify via video conference on April 1 as the identity of the witness must be protected.
The murder charge, under Section 302 of the Penal Code, carries a mandatory death sentence upon conviction.