The Online Citizen -- A Criminal Motion has been filed in the Court of Appeal today on behalf of Yong Vui Kong. The motion challenges the constitutionality of the prosecution’s decision to charge Vui Kong with a crime that attracts the mandatory death penalty while withdrawing previous charges made against Vui Kong’s ‘boss’, Chia Choon Leng.
In his affidavit, Vui Kong’s lawyer, M Ravi, states that in acting in this manner, the Attorney-General has violated Vui Kong’s fundamental right to equal protection of the law enshrined in Article 12(1) of the Constitution. Applying the standards set out by the Court in the recent case of Ramalingam Ravinthran vs PP, it is submitted by Mr Ravi, that ‘the Applicant is able to raise a prima facie case of a breach of Article 12(1).’
Chia has been identified by the Attorney-General’s chambers as the alleged mastermind behind the criminal enterprise that Yong was found to have been a part of. In reply to queries made by Mr Ravi, the Deputy Public Prosecutor confirmed that Chia had been arrested in connection with the trafficking syndicate that Vui Kong was a part of. Yong had also mentioned his name repeatedly to the police and to the court while accounting for his actions.
During the criminal trial in the High Court, it was found that Chia was the person who initially contacted Vui Kong, and subsequently provided him with the ‘gifts’ to deliver. The ‘gifts’ that Vui Kong was caught with was found to have contained the 47.27g of diamorphine, which he was sentenced to death for.