KUALA LUMPUR, KOMPAS – The move of Malaysian authorities to allow Ri Ji U, alias James, a key witness in the Kim Jong-nam murder case, to leave the country is a blow to Siti Aisyah. Siti Aisyah’s lawyers said they would ask the Malaysian attorney general to look into the legal process of this case.
Siti Aisyah, 25, a woman from Serang, Banten, and another suspect from Vietnam, Doan Thi Huong, 28, appeared in court again on Thursday (13/4), as suspects in the murder of Kim Jong-nam, the half-brother of North Korean leader Kim Jong-un. In the hearing in the Sepang court, Selangor, the prosecutor was not ready to present the required documents and evidence and so they could not be handed over to the high court. The trial has been adjourned until May 30.
Kompas reporter Luki Aulia, reporting from Kuala Lumpur, Malaysia, said Siti Aisyah’s lead lawyer, Gooi Soon Seng, has questioned the Malaysian police\'s move to allow key witness Ri Ji U – who Siti knows by the name of “James”- to return to North Korea at the end of March.
The police became aware of James’ alleged role in the murder case after questioning Siti. He was said to be the person who recruited Siti in early January to play a role in a reality show. Along with two North Korean citizens also suspected to be involved in the murder, James was allowed to return to North Korea with the body of Kim Jong-nam on March 31. Their return was part of a deal made by Malaysia to secure the release of nine of its citizens “held hostage” by North Korea.
According to Gooi, allowing James to return to North Korea ruined the defense efforts for Siti. James should not have been allowed to leave the country for whatever reason. Interviewed at the Indonesian Embassy in Kuala Lumpur after the hearing, Gooi stressed that if it is found that James was the person that had been allowed to return home to North Korea, Siti’s team of lawyers will send a letter to the Malaysian Supreme Court to ask for this case to be reconsidered, as there has been a legal failure and therefore Siti must be acquitted.
“We have expressed our objection to the court and hope that there will be a response from the police. If there is no response, we will send a letter to the Supreme Court. James is important in the defense of Siti Aisyah and now obviously it is unlikely that he will come back to Malaysia,” said Gooi, who added that, in his 37 years as a lawyer, this is the first time he had faced a legal process such as this.
Besides the aforementioned people, four North Korean citizens also identified by the Malaysian police as suspects are believed to have fled to Pyongyang on the day that Kim Jong-nam was murdered.
Along with Doan Thi Huong, Siti is accused of committing collective and premeditated murder. If found guilty, both could face the death penalty.
Gooi added if Siti was truthful in saying that she had been hired to play a role in a game show, it meant that Siti did not have any intention of committing a crime. “And if Siti did not know that what she held was poison, it cannot be classified as murder or premeditated murder,” Gooi said.
Surprised at prosecutor’s attitude
Gooi said that he was shocked that during the second hearing the prosecutor said he would not present the recorded statements of the three released North Koreans. According to Malaysian law, the lawyers must have access to the same documents as the prosecutor.
In other cases, such documents, including statements by potential witnesses, would not be given to the defense team if the individuals in question could be questioned in person. However, in the case of Siti Aisyah, the three North Korean citizens are no longer potential witnesses because they have returned to North Korea. “It is impossible that they will return to Malaysia. With this consideration, we should be given the recording of their statements. The police have no right to say that they are privilege documents that cannot be given to the defense lawyers,” Gooi said. Siti’s and Doan’s lawyers are disappointed with the prosecutor for not giving them access to the documents they need, including CCTV footage of Siti’s game show “training” at a number of locations in Malaysia. Siti’s lawyer team has sent five letters to the police requesting the documents and evidence, but has not received any response. This is despite the fact that Siti’s team of lawyers has given complete information regarding the time and location to the police.
As quoted by Reuters and the Associated Press, Malaysian Police chief Khalid Abu Bakar has denied suggestions that the police had “fixed” the case or refused to cooperate with the lawyers. Asked about the lawyers\' claim of sending letters on five occasions asking for related documents and evidence, Khalid replied, “Maybe (the request) did not reach the right official. There must be a backlog of information.”
If the prosecutor is still not ready on May 30, the case will stay in the lower court for four to six months or even seven to eight months.
According to Fajar Sulaeman, a legal attaché at the Indonesian Embassy in Kuala Lumpur, in the Malaysia justice system, particularly related to murder cases, as long as there is no incriminating evidence that can be presented in court– such as an absence of witnesses, or evidence that is weak and does not incriminate the defendant – the judge usually declares the defendant not guilty.
Pelita Harapan University International Politics professor Aleksius Jemadu in Jakarta said that outside of the ongoing legal process, the government needs to consider using an informal and intensive approach. “That needs to be done so that Siti can be pardoned,” he said.
(JOS)
