Ex-Uber driver acquitted of kidnapping Pastor Koh

 

Former Uber driver Lam Chang Nam has been acquitted of the kidnapping of Pastor Raymond Koh four years ago.

The accused now only has one charge against him, which is an extortion charge linked to Koh’s disappearance in 2017. The Petaling Jaya Magistrate’s Court will deliver its decision on this on April 30.

Lam’s counsel Aaron Mark Pius told Malaysiakini today that the lower court allowed their application to acquit the accused on Feb 8 before magistrate Nurshahira Abdul Salim.

Previously, it was reported that the prosecution applied to withdraw the kidnapping and extortion charges via a discharge not amounting to an acquittal (DNAA), which the lower court had allowed on Dec 4, 2019. 

However, later, on July 29 last year before the same court, Lam (above) was recharged with the same set of kidnapping and extortion charges.

Mark today said following the recharging, the prosecution then applied for a DNAA of the kidnapping charge against Lam, taking the defence team by surprise.

“We as the defence team to the accused, argued in length that should the prosecution decide not to proceed with the Section 365 (charge under the Penal Code for kidnapping), of which they (prosecution) have charged and recharged earlier, then there must be finality to the said charge.

“The accused cannot be living with the (kidnapping) charge hanging over his head,” the lawyer said.

Later, on Feb 8 this year, Mark said the prosecution informed the magistrate that they would leave it to the court on whether to grant a DNAA or acquit Lam.

He said the defence had then sought for the court to exercise its power under Section 254(3) of the Criminal Procedure Code to grant a discharge and acquittal to Lam. The magistrate allowed the application.

“The development (on Feb 8) has brought an end to the suffering and agony of the accused and his family.

“Lam was first charged in early 2018 and has been living under a shadow as an accused for nearly four years,” Mark said.

In relation to the extortion case under Section 385 of the Penal Code, the lawyer explained that all prosecution witnesses have given their testimony in the trial and that the matter has been fixed for decision at the end of the prosecution’s case on April 30.

“On April 30, the magistrate will deliver her decision on whether the prosecution has proven a prima facie case, and whether my client needs to enter his defence to the extortion charge,” Mark added.

Malaysiakini is in the midst of reaching out to the Attorney-General’s Chambers over the matter.

On Mar 15, 2017, it was reported that Lam was charged at the Petaling Jaya Magistrate’s Court with extorting RM30,000 from Koh's son. Koh was abducted on Feb 13 that year. 

It was reported on Jan 16, 2018, that Lam was also charged at the same court with kidnapping Koh. 

On April 3, two years ago, a three-person Suhakam panel concluded that social activist Amri Che Mat and Koh, who vanished in 2016 and 2017, respectively, were victims of enforced disappearance.

The panel also unanimously concluded that the perpetrators were members of the Special Branch from the police headquarters in Bukit Aman. 

On Feb 13 last year, it was reported that Koh’s wife Susanna Liew had filed a suit against the police and the government to compel them to reveal the missing pastor’s whereabouts.  - Mkini