Sin Chew Daily, October 14th 2014
(Putrajaya, 13th Oct.)The murder cum rape case which rocked the nation eight years ago involving Chee Gaik Yap, a graduate from UUM was mentioned in the Court of Appeal. The appellate court overturned a High Court’s decision to acquit the accused of the murder charge and ordered the accused to enter his defence.
The Court of Appeal panel led by Datuk Linton Albert allowed the appeal of the prosecution and ordered Shahril Jaffar to enter his defence before the Alor Setar High Court.
The three-man panel ordered the accused to be placed in remand and set Oct. 19 for case mention before the Alor Setar High Court. Linton said the Court of Appeal hoped that the case mention in the High Court should be done as fast as possible.
The other two members of the panel were Justices Moktarudin Baki and Abdul Rahman Sebli.
The accused was stunned to be remanded in prison
After hearing the submission from both sides, the three-man panel unanimously approved the prosecutor’s appeal and revoked the judgment of the High Court. Shahril, the son of a Datuk businessman was stunned after the judgment was passed and was remanded by the police. DPP Awang Armadjaya Awang said the accused would be detained at the Alor Setar prison.
Chee Gaik Yap’s father was emotional after hearing the judgment
Chee Gaik Yap’s father Chee Ah Sau (57 years) was emotional after hearing the judgment and could not answer questions raised by reporters.
Later through the PKR state assemblyman, Ling Kui Ee of Sidam, Chee said he was relieved that the case would finally be heard in full. Ling added they especially Chee’s father never gave up and insisted to win the case to seek justice for Chee Gaik Yap. He added that the proceedings had not ended and they had to return to the Alor Setar High Court to retrial the case.
Chee Ah Sau, son Chee Han Keong, YB Ling and his assistant drove from Sungai Petani at 3 a.m. to Putrajaya to attend the hearing.
Prosecutor: Impossible to involve a third party
DPP Awang Armadajaya in his submission stated that it was not possible to involve a third party. He pointed out that the blood stains and semen fluid from the private parts of the victim matched 100% with the DNA of the accused. No doubt one of the samples showed the presence of others’ DNA but this may be due to “foreign locus”. The body of the victim was found in the bushes and the sample may be contaminated.
Hence it was not possible to involve a third party.
He added, 4 days after the DNA of the defendant was taken, the defendant fled to Australia and stayed for many years. This suggested the guilty mind frame of the defendant who tried to abscond from the incident. Later the defendant was arrested when he returned to Malaysia.
Defendant: No evidence showing the accused had killed the victim
The defense council, Shamsul Sulaiman pointed out the DNA belonged to the accused but there was no evidence showing the accused had killed the victim. He pointed out the Coroner’s report indicated that there was no force being used to injure the private parts of the victim. Neither was there any evidence to show that it was not a consensual sexual intercourse.
Otherwise the prosecution would have charged the defendant for not only murder but also rape.
He added the prosecution in his submission of appeal never included the offence of absconding to Australia. Hence the prosecution could not assume the defendant fled to Australia because of mental guilt and there was no evidence of the defendant on the run.
Background of the news
Alor Setar High Court passed the verdict of not guilty and released him on the spot.
On June 25th 2013, Alor Setar High Court passed the verdict of not guilty on the defendant, a car salesman acquitted without charge of murder and the court released him on the spot. The High Court Commissioner Mohd Zaki ruled that although the prosecution had proven the DNA matched the accused’s but there was indication of a presence of DNA of a third party.
However the prosecution failed to show direct or indirect evidence that Chee Giak Yap’s death was caused by Shahril. Hence the defendant was acquitted and discharged of murder.
Shahril was charged of murdering Chee Giak Yap (26years) on the 14th of January 2006 at the duration from 5.30 pm to early morning at 3.05 am near Cinta Sayang Club, Sungai Petani. He was charged under the 302 of the Penal Code which carries the mandatory death sentence once found guilty.
Shahril was detained together with a few others to help the police to investigate the case in March 2009. Four days later Shahril fled the country to Australia and returned to Malaysia on the 17th of January 2012. He was arrested by the Malaysian police on his return and a sample of his DNA was taken and later he was charged in court.
Chee Giak Yap was jogging with her sister before she disappeared. Police combed the area but in vain. Nine hours later Chee’s half naked body was found near the club and the news rocked the nation.
Chee Giak Yap who was murdered while jogging was a marketing executive and a Universiti Utara Malaysia graduate. She had just started work for 4 months. She rode on a motorcycle with her sister from their house to the housing estate near the club house which was about 1.5 km away to jog. At that time the two sisters were jogging slowly one after another. When the sister who was behind tried to catch up with the sister, she found her sister missing and she could only see her jogging shoes, hair band and some blood stains on the ground. Chee Giak Choon saw a Naza SUV with black tinted windows speeding away from where Gaik Yap was reported missing. At that instant her sister borrowed a phone from a couple passing by to phone her mother telling her that her sister was caught by stranger in a car which sped away.
After nine hours, Chee Gaik Yap’s body was found abandoned outside the Cinta Sayang clubhouse. Her T-shirt was pulled up until her chest and the lower part of her body was exposed.
The Sungai Petani report indicated that Chee Gaik Yap was raped and her head was bludgeoned with a hard object and she died of haemorrhage.
Original Source: 朱玉葉遭姦殺案‧被告表罪成立