MALAYSIA - A woman and her friend accused of murdering her husband were set free after a prosecution application to have their case retried in the High Court was rejected.
Christine Ling Hang Tsyr, 31, and car salesman Andrew Tiong King Guan, 27, had been charged in the High Court under Section 109 and Section 302 of the Penal Code, which provides for the mandatory death sentence upon conviction.
Judicial Commissioner Azahari Kamal Ramli, in his ruling on Feb 26, had quashed the charge on the grounds that it was defective and granted the couple a discharge not amounting to an acquittal.
The two were re-arrested the same day and brought to the Sessions Court and charged under Section 109 and Section 304(a) of the Penal Code, which carries a jail term of up to 30 years.
But the prosecution on Monday decided to revert to the original charge and applied to have the case transferred to the High Court.
Yesterday, Sessions judge Amierudin Ahmad rejected the application by DPP Nirza Ahmad.
He said there was no provision under the law to allow for that application, which he regarded as "an abuse of the process of the court."
Amierudin said that going against the Feb 26 decision would be tantamount to contempt of court.
He noted that the DPP did not appeal when the High Court made its ruling.
Amierudin then gave the couple a discharge not amounting to an acquittal.
The DPP has filed for a review of the ruling.
Family members of the victim, Hong Kong and Shanghai Bank Sibu branch manager Stephen Wong Jing Kui, 31, wept on hearing the verdict.
The two accused were alleged to have committed the offence on June 14, 2012, at about 1.30am at a house in Ulu Sg Merah, by way of abetting the principal offender, Ling Hoe Ing, 24, who had been convicted of culpable homicide not amounting to murder.
Hoe Ing was sentenced to 16 years' jail after he pleaded guilty on Oct 1 last year.