In a statement, Bukit Gelugor MP Ramkarpal Singh said subjecting Doan to further prosecution, but not her co-accused, “particularly when a prima facie case has been found against both of them is, with respect, unprecedented and regrettable”.
Doan and Siti Aisyah were initially charged with the murder of Kim Jong Nam, the half-brother of North Korean leader Kim Jong Un.
Ramkarpal said if the charge against Siti Aisyah had been dropped because AG Tommy Thomas was of the view that North Korea had a hand in Jong Nam’s murder, then Doan, too should be freed.
It was reported that Indonesia’s Law and Human Rights Minister Yasonna H Laoly had written to Thomas, appealing for the release of Siti Aisyah. Yasonna had asked him to consider several reasons, including that Siti Aisyah had been deceived and was not aware that she was being used as an intelligence tool by North Koreans.
“If this was the case, why did the AG charge Siti Aisyah in the first place? No doubt, the AG has the power to discontinue proceedings against Siti Aisyah the way he did, but why did he not do the same in the case of Doan?” Ramkarpal asked.
He said the refusal of the AG to withdraw the murder charge against Doan after doing exactly that without giving any reasons in the case of her Indonesian co-accused two days ago “is mind-boggling and raises questions about the powers of the AG”.
He said the fact that both had been charged implied that the AG believed there was sufficient evidence against the duo.
“Furthermore, the trial judge made a finding that the prosecution had succeeded in establishing a prima facie case against both of them and called upon them to enter their defence against the said charge.
“This means that the court takes the view that if Doan and Siti Aisyah were to remain silent in their defence, they would be convicted of the murder of Jong Nam on the evidence presented by the prosecution so far.”
As the AG need not give reasons for his decision, Doan would never know why she had been treated differently from Siti Aisyah, the lawyer said.
“If she is convicted, she will always wonder if Siti Aisyah was equally culpable.
“In cases like this, the discretion of the AG ought to be open to question, particularly when a person’s life is at stake,” Ramkarpal said.