The grief and sorrow of a family over the killing of their son has been further compounded when the authorities told them earlier this week that no action will be taken against the person responsible over the crime despite his confession to it.

The family, from Kuching, Sarawak, is now demanding an explanation from the police and the prosecutors as to why no action will be taken against Lai Tze Leong for allegedly being responsible for the death of 35-year-old hawker Yap Siew Hong.

Relating the startling case to malaysiakini today, the family's legal advisor, Dominique Ng said the authorities had earlier given an assurance that they would proceed with the murder case against Lai after he had served a jail sentence for an earlier offence.

He also said that Lai had admitted under police questioning that he had hired four men to kill Yap.

"He admitted that he was around when the four men knifed Yap to death on Nov 27, 1999," said Ng.

Ng said that Lai had also admitted luring Yap out to the Kuching city centre for the attack to take place.

Ng added the police had issued a press statement on Dec 17, 1999, that they have solved the case with the arrest of Lai.

He said Lai, a 26-year-old foodstall owner, was charged at the Kuching magistrate's court for the murder in December 1999 but was then discharged by the same court on April 20 last year following an application from the prosecution.

Yap's sister, Cecilia, said her family was told by the prosecutors then that by discharging the murder case against Lai, the police hoped to lure the others involved in the killing.

Extortion case

At the same time, Lai was also sentenced to two years jail by the High Court over an extortion case. The court had overruled a lower court ruling to release Lai on a good behaviour bond.

Cecilia said that the prosecutors had also said that Lai will be re-charged with the murder before the end of his two-year jail term for extortion.

However, the family is now told by the police that Lai will be released from jail at the end of next month and this has left the family wondering if they will see justice at all.

Cecilia said, in a reply to her letter to the Sarawak police commissioner, police officer CM Sundram had assured her that Lai's role in the trial of Yap's killing was not over.

"All efforts are being made to rope in the remaining perpetrators of this crime," he had said, asking her to exercise a little patience and that the department has received instructions to review such cases.

Cecilia, however, is still not convinced that the police will bring Lai to book.

"He had given a statement to the police that he was the mastermind of the act and that he gave money to the others to teach my brother a lesson. Isn't this a confession?" she said.

"Lai is a convicted criminal but the police are allowing him to walk free on the streets again and be a threat to the society," she added.

She also expressed her worries that Lai might flee the state after being released from the prison.

"What happened to my brother was a premeditated murder and the police are releasing the only suspect that they have," she said.

Prosecution policy

She also questioned how the police department could pick up the rest of the perpetrators when they have not found any new leads in the case over the past 12 months.

Ng has also written a letter to the state public prosecutors on behalf of the family, asking if it was the department's policy not to prosecute "a dangerous criminal despite a confession, because of the non-capture of accomplices which did the killing".

Cecilia also said her family met state prosecutors on June 25, asking for assurance that Lai will be re-charged for the murder case.

"However, we were told that a confession alone is not enough for conviction," said Cecilia.

"My family are very concerned and frustrated at the indifferent manner in which this case is being handled. My parents, especially my aged mother, have been in an emotional state ever since the day of the incident.

"We had consoled her by saying the police will catch the murderers and justice will prevail. It doesn't look like that now," said Cecilia.

When contacted, the Sarawak police department and state Attorney-General Chambers said the matter was still under investigation and refused to comment further.