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By Lian Cheng
KUCHING, Sept 15: The two men accused of murdering a Kuching businessman in 2019 could be seen heaving a sigh of relief when they were released on the spot following their acquittal by Kuching High Court Judge Alwi Abdul Wahab today.
When met, both Teng Jing Biau, 32, from Bintulu and Tiong Kim Kai, 41, from Miri said they were “happy” with the ruling.
“I don’t know what to say. I just feel very happy,” they both said to the media when asked to share their feelings following the acquittal.
They both believed that “justice has been served” and following their release, we’re keen to go back to their respective towns and spend time with their family.
Teng, who is married with two children said he would be returning to Bintulu tomorrow.
When pressed further, he admitted he was a bit upset for having to spend about four years in prison before being acquitted, but that he would “move on” from the case.
Both Teng and Tiong were charged under Section 302 of the Penal Code, read together with Section 34 of the same code, for the murder of Kuching businessmen Tang Tung Kuok at an unnumbered house at Lorong Dusun, Off Jalan Ong Tiang Swee, Kuching on Jan 12, 2019 at 10.30pm and Jan 15, 2019 at 9am.
According to the facts of the case, Tang, a businessman was kidnapped by five individuals including four Chinese nationals and Tiong, outside his office at Third Mile, Jalan Datuk Tawi Sli, on the night of Jan 12, 2019.
Tang was believed to have been later brought by his kidnappers to an empty house at Jalan Dusun.
The first accused, Teng was suspected to be the mastermind in this murder for buying the ropes and the murder weapon while the second accused, Tiong was suspected of assisting in this murder case by helping the China nationals to kidnap Tang and bringing him to the empty house.
In this case where 38 witnesses were called, Kuching High Court Judge Alwi Abdul Wahab made the ruling citing insufficient evidence and an incomplete investigation, especially when both were charged for murder for sharing “common intention” with the four Chinese nationals who are still at large.
To him, ‘common intention’ meant the meeting of minds and a prearranged plan. Without the presence of the four Chinese nationals, the charge could not be verified, rendering the investigation as “incomplete”. — DayakDaily