CCTV recording of the re-enactment could not be used as evidence as it was made after two accused arrested

Prosecution fails in bid to tender video of re-enactment of Kim Chol's murder

KHAIRAH N. KARIM
New Straits Times22 January 2018



SHAH ALAM: The prosecution in the murder case involving North Korean Kim Chol produced a video recording of the re-enactment of the incident by one of the accused at the Kuala Lumpur International Airport 2.

The video obtained through a Closed Circuit Television (CCTV) showed the first accused, Indonesian Siti Aisyah, 26, sitting at Bibik Heritage restaurant in klia2 with her hands cuffed, escorted by several policewomen.

In a previous proceedings, the High Court was told that Bibik Heritage was the place where Siti Aisyah and another North Korean suspect who was still at large had met.

Deputy public prosecutor Syed Farid Syed Ali produced the video recording during examination-in-chief of the 28th witness, klia 2 security guard K. Govulan Raj, 31.

However, Syed Farid's move in introducing the recording as evidence was objected by Siti Aisyah's counsel Gooi Soon Seng.

Gooi told the court that the CCTV recording of the re-enactment could not be used as evidence as it was made after his client and another accused Vietnamese Doan Thi Huong, 29, were arrested.

DPP Wan Shaharudin Wan Ladin then stood up and told the court that they needed to tender the video through Govulan as he was the one who prepared and handed over the recording to the investigating officer.

"We can play the recording and the court can decide whether to accept it or not," he said.

However, Gooi stressed that if the prosecution wished to play the entire recording of the re-enactment, they would apply for a trial-within-a- trial in relation to the video.

After hearing submissions from both sides, High Court judge Datuk Azmi Ariffin allowed Gooi's objection.

Meanwhile, DPP Muhamad Iskandar Ahmad told the court that there will be five more prosecution witnesses in the high profile case.

Trial continues tomorrow.

Siti Aisyah and Doan are charged with murdering Kim Chol, 45, at the klia2 departure hall about 9am on Feb 13, together with four men still at large.

Kim Chol, who was claimed to be Kim Jong-nam, the estranged half-brother of North Korean leader Kim Jong-un, was killed using the highly toxic liquid nerve agent VX. © New Straits Times Press