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Kim Jong-nam murder: Judge rules there is enough evidence to continue trial of two women accused of killing North Korean leader's brother

Suspects Siti Aisyah and Doan Thi Huong will give evidence when trial resumes in November

Peter Stubley
Thursday 16 August 2018 09:07 BST
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Kim Jong Nam death: Apparent CCTV of 'assassination' leaked

The two women accused of assassinating the half-brother of North Korean leader Kim Jong-un say they will testify under oath in their defence after a judge refused to acquit them of murder.

Siti Aisyah, 25, and Doan Thi Huong, 29, claim they thought they were taking part in a prank for a hidden camera show when VX nerve agent was smeared on Kim Jong-nam's face in an airport terminal in Kuala Lumpur on 13 February 2017.

Their lawyers argued the prosecution had failed to show the pair had any intention to kill and told the court in Malaysia that the women were duped by four North Korean men.

But trial judge Azmi Ariffin said he was not persuaded by the defence argument as there was no hidden TV crew and no attempt to bring the target in on the joke.

"The sole purpose of a prank is fun with no intention to cause any type of harm," he said. "The use of the word suggests that the act must get everyone laughing at the end, even the target."

The prosecution claims the four North Korean suspects recruited and trained the two women to accost strangers in a similar fashion as the attack on Kim and provided them with the banned chemical weapon.

CCTV cameras captured Huong approaching Kim, clasping her hands on his face from behind and then fleeing. Another blurred figure was also seen running away from Kim and a police investigator testified that it was Aisyah.

Kim died within two hours of the attack.

The judge said the intention to kill can be inferred from the targeting of Kim's eyes, where the nerve agent would penetrate faster.

He said that evidence pointed to a "simultaneous act" by the women, adding that their hurrying to separate bathrooms also established their intention to cause Kim's death.

"I have no slightest doubt that their desperate act of rushing to the toilets is to solely decontaminate the poison on their hands," he said.

The judge said enough evidence had been presented in the six-month trial so far to infer the women and four North Korean suspects had engaged in a "well-planned conspiracy".

"The onus is on the accused to explain their conduct," he added. "I therefore call upon them to enter their defence."

The judge also said he "cannot rule out that this could be a political assassination" but told the court not enough evidence had been presented by the prosecution to prove it.

Murder accused women visit airport where Kim Jong Nam was attacked

After the judge's ruling, Aisyah, from Indonesia, and Huong, from Vietnam, appeared to be calm and told the judge they would testify under oath in their defence.

They are the only suspects in custody and face the death penalty if convicted. The four North Korean suspects fled the country the same morning Kim was killed.

Huong's father Doan Van Thanh said he was sad his daughter had not been acquitted. He said: "I had thought she would be innocent."

The Indonesian Ambassador to Malaysia, Rusdi Kirana, told reporters outside court that he was shocked by the ruling but that his government will abide by it.

Malaysian officials have never officially accused North Korea and have made it clear they don't want the trial politicised.

Kim Jong Nam, the eldest son in the family that has ruled North Korea since its founding, had been living abroad for years after falling out of favour with the ruling elite. It is thought he could have been seen as a threat to North Korean leader Kim Jong Un's rule.

Pyongyang has denied accusations by South Korean and US officials that Kim Jong-un's regime was behind the killing.

The prosecution finished presenting its evidence, based on testimony from 34 witnesses, in June. Experts told the court that traces of VX were found on the clothing of both women.

Siti Aisyah's lawyer Gooi Soon Seng has called the evidence against his client "flimsy and circumstantial" as it relied only on the security footage and the traces of VX.

Huong's lawyer, Hisyam Teh, has said his client's conduct after the incident was that of an innocent person.

The trial is due to resume on 1 November when Aisyah testifies in her defence.

Associated Press contributed to this report.

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