Fact number three is that Judge Datuk Abdul Kadir Musa,
in his 49-page judgment, found there was not too much evidence adduced against
all three or for their defence to be called.
He has correctly pointed out that there were unresolved doubts and unanswered
questions in the prosecution's case.
The judgment has not gone down well with most Malaysians and many are outraged,
but a judge has made his decision on evidence available.
That is how the law operates and a judge must not be swayed by public
sentiments or prejudices.
If there is anyone to blame, then it must be the police and the
As the judge noted, the prosecution hurt its own case by failing to call a
certain Insp Moin.
That was not all, Koh's driver Mohd Razbean Md Tab, a key witness, has gone
missing. That does not speak well of the police at all.
Another key witness, Fang Sui Jing, said to be a girlfriend of Koh, has been
deported to China and even the date of her deportation is unknown.
The Chinese national, who was serving a 10-month sentence in Kajang prison for
overstaying, was a key witness and yet no attempt was made to keep her until
the case was over.
Investigating officer Asst Supt Nor Omar Sapi admitted that he did not make any
formal request to the Kajang prison for Fang to be handed over to the
Malaysians are left grappling with questions like how a murdered boy could end
up in the swimming pool of a heavily guarded bungalow with 23 injury
These are questions the prosecution failed to answer and we are not sure if
they will ever be.
But Malaysians, concerned with the increasing crime rate, are upset that the
prosecution and police have failed to resolve a series of high profile murder
The public would like to think that our police are efficient and they have
proven able to live up to our expectations when it comes to serious
But when our defenders of public order keep losing their cases, especially
murders, then Malaysian taxpayers have a right to ask what they are
What are our investigators and prosecutors doing when they keep losing in the
When judges throw out their cases, it just means that the prosecution has
failed to produce sufficient evidence. That's how the legal system works.
Our hearts go to the family of Xu in China who had hoped that their child would
get a decent education in Malaysia and grow up to be somebody they can be proud
Instead he was murdered and, worse, we cannot even find his murderer or
murderers. It's a murder most foul.