KUALA LUMPUR, MALAYSIA: One brother is on the run and the other is off the hook. It looks like no one will pay for the murder of See Sheau Fang.

Deputy public prosecutor Badius Zaman Ahmad said in his report to the Attorney-General's Chambers, he had proposed not to appeal the acquittal of 30-year-old Kher Then Heng, who was charged with See's murder.

"We don't have any evidence other than that he hired an excavator and dug a hole in the porch of the house where See was found," said Badius, adding that the case against Then Heng's older brother, Tian Hock, could only continue if the police nabbed the fugitive.

A mattress used by See during her imprisonment in the house also bore the DNA of a third party.

However, it did not match that of Then Heng and no samples were taken from Tian Hock while he was in custody.

The prosecution had decided not to pursue the matter further because the evidence against Then Heng was slim.

"I met the head of the prosecution unit and explained the matter to him. It was decided not to go ahead with the matter," said Badius.

Then Heng was acquitted by the Shah Alam High Court on Jan 24, without his defence being called.

Judge Datuk Zaharah Ibrahim ruled that the prosecution had failed to prove a prima facie case against him and there was "no clear involvement" of Then Heng in See's murder, despite the prosecution calling 21 witnesses to prove otherwise.

Then Heng, however, remains in police custody as he is a suspect in another rape case.