Attorney-General should explain why suspected killer of 40-year-old Lam Yee Kwai with eight gun shots in Ipoh last October had been discharged not amounting to an acquittal (DNAA) despite ample witnesses without the victim’s family, lawyer and press being informed of the court proceeding beforehand
- Perak DAP forum on National Service Training Bill
by Lim Kit Siang
(Ipoh, Friday): Tonight’s DAP forum is on the National Service Training Bill, and I will start off in a most unconventional manner although it is completely relevant to the subject before us.
On my arrival, I received a complaint about a gross injustice arising from the triple failures of three of the five principles of Runkunegara, the core values to be inculcated by the three-month national service training programme, viz: Upholding the Constitution, Rule of Law and Good Behaviour and Morality.
I have with me Ms Lam Soo Ching, 24, the niece of Lam Yee Kwai, 40, who was killed in Ipoh on October 31 last year after he was shot eight times by a man, and the details of the gun shot wounds have been given in the medical report by the Ipoh Hospital, which described the injuries sustained by Lam when brought to the hospital “unconscious with no spontaneous breathing” as follows –
gun shot wounds seen:
It has been reported in the media that the shooting and killing took place in front of a Karaoke Lounge in Ipoh on October 31 at about 8 p.m. and there were many witnesses to the fatal multiple shooting. Lam Yee Kwai left behind a 10-year-old handicapped daughter.
Lam’s family members complained that they and their lawyer were never informed that the suspect who had been remanded by the police since the fatal shootings last October would be produced in court on 2nd June 2003 to be set free and subsequent inquiry by their lawyer elicited the reply from Shahidani bin Abd. Aziz, Head of the Perak State Prosecution Unit that the case was DNAA (discharged not amounting to an acquittal) on the directive of the Attorney-General’s Chambers.
The Attorney-General, Tan Sri Abdul Gani Patail should explain why the suspected killer of 40-year-old Lam Yee Kwai with eight gun shots in Ipoh last October had been discharged not amounting to an acquittal (DNAA) despite ample witnesses and without the victim’s family, lawyer and the press being informed of the court proceeding beforehand.
The Attorney-General’s Chambers should emulate the Anti-Corruption Agency which pledged this week to be more accountable and transparent with a three-point policy to be responsive towards public demands for information about its investigations.
The Attorney-General also owes the people the duties of accountability and transparency on the proper exercise of his discretionary powers vested in him by Article 145(3) of the Constitution “to institute, conduct or discontinue any proceedings for an offence” to satisfy the public that he had not acted arbitrarily against the interests of justice – as had marred the career of his predecessor.
Abdul Gani should be mindful of the fundamental principle that justice must not only be done, but it must seen to be done and for this reason, he should without delay publicly give a satisfactory explanation for the DNAA decision on the suspected killer of Lam Yee Kwai or he should direct that the case be re-opened.
If Abdul Gani refuses or is unable to give a satisfactory explanation for the DNAA decision, then this should be the subject of a full parliamentary debate when Parliament reconvenes in September as MPs have a special duty not to allow the Attorney-General Chambers to slide into another major crisis of confidence undermining national and international confidence in the just rule of law in the country.
* Lim Kit Siang, DAP National Chairman