The protesters, comprising Dayak rights activists and Kayong’s family and friends, were especially angry and distraught over the release of the businessman, who was said to have masterminded the murder.
While Stephen Lee Chee Kiang, Lie Chang Loon and Chin Wui Chung were all discharged and acquitted without having their defence called, Mohamad Fitri Pauz, the man accused of pulling the trigger in the mafia-style murder was ordered to enter his defence, The Star reported.
Kayong, 43, whose Muslim name is Mohd Hasbie Abdullah, was gunned down while in his Toyota Hilux vehicle about 8.30am on June 21 at a traffic light intersection at Lutong near E-Mart supermarket in Jalan Miri-Bintulu.
The killing of the Miri PKR leader was believed to be linked to his work as an advocate of social issues, especially on indigenous rights and land issues.
In acquitting the trio, High Court Judge P Ravinthran ruled that the prosecution had failed to furnish evidence linking the trio to the murder.
“The prosecution had failed to establish any evidence linking the trio to the murder. I have to discharge and acquit the three without calling for their defence.
“However, for the first accused Mohd Fitri, I find credible evidence to call him to enter his defence on the murder charge,” Ravinthran was quoted as saying by The Star.
Lee was said to be the mastermind behind the murder of Kayong, and had left Miri for Singapore just two days after the murder, and was later reported to be on the run in Australia.
The trial date for Fitri has been set for June 14. He has been charged under Section 302 of the Penal Code, which carries the mandatory death penalty.