Man escapes gallows for murder of cosplay fan lover, gets 22 years for causing her death

PUTRAJAYA, Sept 12 -- A self-employed man escaped the gallows after the Court of Appeal substituted his murder charge to one of causing the death of his teenage lover, whose remains were found stuffed in a luggage bag.

Poon Wai Hong, 29, was instead sentenced to 22 years jail to start from the date of his arrest on Oct 22, 2013 for culpable homicide not amounting to murder the 15-year-old Ng Yuk Tim, a cosplay enthusiast.

He was convicted of causing her death at a house at Kampung Cempaka in Kelana Jaya between 3pm and 4pm on Oct 21, 2013.

Justice Datuk Kamardin Hashim, chairing a three-member bench, said the court found merits in Poon's appeal adding that his conviction for murder was not safe.

He then set aside Poon's conviction and death sentence for murder and substituted it with an order under section 304 (a) of the Penal Code.

Justice Kamardin, who sat on the panel with Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah unanimously allowed Poon's appeal to have his murder charge reduced to culpable homicide.

In April, last year the High Court convicted and sentenced Poon for the girl's murder.

His lawyer Datuk Rajpal Singh told the court that the deceased went over to the house to get help with some cosplay costumes.

He said the defence version was that Poon intended to have sex with the deceased but a friend had interrupted the duo causing him to go out, adding that when he came back, the girl did not want to have sex anymore, causing the two to fight. 

Rajpal Singh said in the argument, Poon was trying to stop the deceased from shouting and she bit his hand and he then pushed her to prevent her from attacking him with a stun gun.

He said when he found his spectacles which had fallen, he saw Ng, who had fallen and hit her head on a dumbbell, was motionless.

Rajpal Singh said Poon panicked and stuffed Ng's body in the luggage bag instead of calling the authorities.

He said DNA evidence showed that there was deceased's blood found on the ring of the dumbbell but the handle of the dumbbell did not have Poon's DNA.

During mitigation for a lower jail sentence, Rajpal Singh told the court that his client was remorseful and apologised to the deceased's family.

Deputy public prosecutor Nurshafini Mustafha argued that there was overwhelming circumstantial evidence that Poon murdered the deceased.

She said the deceased was 15-years old at the time and urged the court to consider that there was a loss of life as well as the way her body was disposed off.

Nurshafini told reporters that the prosecution would be appealing to the Federal Court.

-- BERNAMA