A three-member Court of Appeal bench chaired by Suraya Othman said the prosecution was duty-bound to secure the person once it had offered the witness to the defence.

“We are of the opinion that the conviction by the trial court is not safe and must be set aside,” said Suraya, who sat with Abu Bakar Jais and Ghazali Cha, to allow the appeal.

Suraya said the material witness, the girlfriend of the accused, had been sent back home to Vietnam.

Nguyen Van Chung, 45, is alleged to have murdered Tan Aik Yeong in front of a supermarket along Lebuh Utama Tun Hussein Onn in Balakong at 9.50pm on Aug 28, 2016.

The High Court sentenced Nguyen to death on Sept 27, 2019.

According to the facts, Tan was an airline ticketing agent and Nguyen had bought a ticket to return home.

On the day of the incident, Nguyen had called the deceased and his wife to meet him at the supermarket and return RM1,400, the price of the return ticket, which had to be cancelled as the particulars given were inaccurate.

However, Tan was only prepared to pay RM780 and Nguyen did not agree to the offer.

This led to a heated argument and Nguyen stabbed Tan in the chest with a knife.

Medical evidence by Dr Mohamad Azaini Ibrahim revealed Tan succumbed to a stab wound to the heart.

Defence counsel Salim Bashir submitted today that the crime was not murder because it was due to a fight that suddenly occurred.

He said the trial court only relied on the evidence of the dead man’s wife to find Nguyen guilty of murder.

“The appellant’s girlfriend, who was at the scene, was sent back home. Being a prosecution witness, but not utilised, she was offered to the defence but not produced in court,” said Salim, who was assisted by Nadia Syaza.

Deputy public prosecutor Samihah Rhazali prosecuted.