AGC explains why couple could not be charged with murder or culpable homicide

The evidence could not support those charges.

Belmont Lay | December 18, 2017, 12:09 PM

The Attorney-General’s Chambers (AGC) has come out to explain why the the husband and wife duo who tortured waitress Annie Ee Yu Lian to death could not be prosecuted for murder.

The AGC decided to release the statement on Dec. 18, 2017 after the period for appealing the court's decision has expired and no appeal has been filed.

No intention to cause death

In a statement, an AGC spokesman addressed questions raised by the public, after it was revealed that the pair were initially charged with murder.

But the prosecution proceeded with charges of voluntarily causing grievous hurt with a dangerous weapon.

The law defines these charges as including death.

The two were sentenced on Dec. 1, 2017.

Tan Hui Zhen, 33, was sentenced to 16½ years' jail, and her husband Pua Hak Chuan, 38, was given 14 years' jail and 14 strokes of the cane.

The AGC spokesman said: "As Pua and Tan did not intend to cause Annie's death, and the injuries they inflicted would not ordinarily cause death, the offences of murder and culpable homicide cannot be proved against them."

They had pleaded guilty to various charges of torturing the 26-year-old waitress who had intellectual disabilities, over eight months.

The daily beatings left Annie with 12 fractured ribs and seven fractured vertebrae, a ruptured stomach and blisters and bruises.

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Prosecutor's duty

The AGC also explained that the prosecutor's duty is to only prefer a charge which is supported by evidence.

The evidence given by the forensic pathologist was that Annie's death was caused by acute fat embolism.

This was an unusual occurrence that would not have ordinarily resulted from the injuries inflicted.

But in Annie's case, she had been so severely beaten that fatty tissue below the skin had separated from the muscle and entered her bloodstream.

This interfered with blood getting oxygen in the lungs and led to progressive cardiac and respiratory failure.

"These charges reflect the most serious offences committed by the two accused, as supported by the evidence," the spokesman said.

This means that cases are prosecuted fairly and decided strictly according to the law and evidence presented.

Public should not seek to influence outcome

The spokesman added that while the AGC can understand why the public was shocked and moved by Annie's suffering and the circumstances of her tragic death, the integrity of the legal system requires that all parties, including the accused, are treated fairly.

However, it is critical that the public refrain from making comments or interfering with ongoing proceedings, or seek to influence the outcome.

During the week of the trial, an online petition received close to 20,000 signatures expressing shock at the details of the case after it was made public.

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