‘Charge brother’s attacker with manslaughter’

Source: http://www.freemalaysiatoday.com/2011/09/30 (By Teoh El Sen, September 30, 2011)
Ng Wai Keong, a disabled person who wandered the streets around Pudu crawling on his arms, died after being assaulted by a man who refused his request for a cigarette. Speaking at a press conference here today, the deceased’s brother said the suspect who allegedly attacked Wai Keong, 59, with a huge cane was only charged for “causing hurt with a weapon”.
“How is it possible that my brother was beaten to death but the person responsible was not charged for murder or manslaughter? “You say that his cause of death was inflammation of the lungs, but how did he end up in the ICU if he wasn’t attacked in the first place?” asked Ng Wai Cheong, 51, a contractor. “I want a heavier charge against the person who killed my brother,” he said, adding that the charge should at least be under Section 304 of the Penal Code for manslaughter. He said that several witnesses saw the attacker leave the scene and then return to continue attacking his brother. “There were many witnesses, maybe 100 people saw what happened but the police didn’t even try to interview them. I had to find the witnesses myself to identify the attacker. Why don’t I become the police and wear three stars instead?” he added.
Everybody liked ‘Hong Kong Boy’
Wai Cheong said that his brother was well-known in the area and everybody called him “Hong Kong Boy”. “He is harmless and the people there take care of him well eventhough he does not work. His nickname came about because he was very smart as a young boy before his mental illness set in when he was in his 20s,” he added. Wai Cheong said his brother, who had four other siblings, lost his legs in an accident four years ago. Wai Keong had been wandering the streets since his house was destroyed in a fire several years ago. He lived alone but Wai Cheong visited him every week.
An FMT survey in the area revealed that Wai Keong was well-liked in the area and was given food or drinks whenever he asked.
Recounting the day he found out about the incident, Wai Cheong said he had wanted to look for his brother in Pudu but was informed that he was taken in an ambulance to the hospital the night before. “At first I thought it was an accident and I went to a few hospitals but could not find him. At last I found him warded in the ICU of Hospital Kuala Lumpur. He didn’t look good, he was in a coma, and was not breathing at all. The doctor said there was little hope for him,” he added. Six days later on Sept 8 Wai Keong died but his family was never told of his cause of death.
Lawyer: Review the charge
DAP lawyer Keppy Wong said the police had later informed them that Wai Keong’s cause of death was from inflammation of the lungs and not due to the injuries from the asault. “Given the scenario that the victim was assaulted, the police must reclassify the investigation papers and review the charge to 304 for manslaughter. We’re talking about a life lost here,” said Wong, who is acting for Wai Cheong. “It appears that in this case the investigation was not done properly. The confidence of the people in the police and courts must be given priority. This cannot be accepted by the public when a death had occurred,” he added. Wong said that the post-mortem report should be made available so that the family could get a second opinion from other pathologists. “We would also be writing to the Attorney-General’s Office,” he added.
Segambut MP Lim Lip Eng and Cheras MP Tan Kok Wai were also present at the press conference. “The case must be reopened and reinvestigated,” said Lim. “When there was a cat or dog abuse, there was a public outcry. Now a human life had been taken, we must voice out to the authorities to bring justice.”
It was reported that in the early hours of Sept 3, Wai Keong had stopped to ask a man for a cigarette near a night club in Jalan Sungai Besi. The 34-year-old man had refused and an argument ensued, during which the man, believed to be drunk, took a cane and repeatedly assaulted Wai Keong.
Contacted later, a police spokesperson confirmed that the suspect, known only as Ah Seng, had been charged under Section 324 of the Penal Code but said that the decision to ammend the charge was with the Attorney-General’s Chambers.