High Court acquits three over alleged staged robbery murder after prosecution fails to prove case | Malaysia

High Court acquits three over alleged staged robbery murder after prosecution fails to prove case
April 24, 2026

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High Court acquits three over alleged staged robbery murder after prosecution fails to prove case | Malaysia

THE Klang High Court has acquitted three individuals, including a woman accused of plotting her husband’s death, after ruling that the prosecution failed to establish a prima facie case in an alleged staged robbery killing four years ago.

Judge Norliza Othman ordered the discharge and acquittal of Leong Eng Eng, 41, a freelance interpreter, along with Lim Yon Hay, 40, and Mok Kum Loon, 41, at the close of the prosecution’s case.

They had been charged under Section 302 of the Penal Code, read together with Sections 34 and 109, over the death of Eng Eng’s husband in an incident prosecutors alleged was disguised as a robbery at a house in Taman Anika Baru, Sungai Udang.

In delivering her judgment, Norliza said the prosecution had failed to establish essential elements of the case, either through direct witness testimony or circumstantial evidence linking the accused to the killing.

“To prove that Eng Eng murdered her husband, the prosecution required more than merely showing bloodstains on the accused’s shirt and trousers,” she said.

“The CCTV footage tendered by the prosecution was found to be rather blurry, except for Eng Eng, who was also the only woman in the recording, and there was nothing suspicious about her presence as she was in the vicinity of her home,” she said.

The court further found that the CCTV evidence could not be admitted as the prosecution failed to produce the required certification under Section 90A of the Evidence Act 1950 to verify it as computer-generated material.

The judge noted that only a memory card seized by investigators had been submitted, without any comparison to the original recording device, raising doubts over its authenticity.

She also highlighted investigative shortcomings, including the absence of evidence linking an alleged payment of RM2,600 to any of the accused, and the failure to produce crucial footage of a struggle that could identify those involved in the fatal attack.

Investigators were also unable to establish a clear chain of events connecting all the accused, including who was present at the house on the night of the incident or how they were linked to Eng Eng.

“Therefore, all three of you are discharged and acquitted without being called to enter your defence on these charges,” she said.

The court also allowed the withdrawal of charges against a fourth accused, Lim Yon Loon, after he died from tuberculosis last year.

The accused had been charged over the death of Chow Tiam Hee, 41, who was killed at approximately 1.20am on 15 September 2022.

The prosecution, led by Nurul Ashiqin Zulkifli, called 22 witnesses during the trial, which began in September 2023.

The ruling underscores the court’s emphasis on evidentiary standards and proper investigative procedure, with the failure to meet those thresholds proving decisive in the collapse of the case. – April 24, 2026

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