True to his fears, he was charged with murdering 52-year-old Lim Kar Teck when he surrendered himself last November after hiding for nearly two decades in Malaysia.

On Thursday, the prosecution asked the court to grant him an acquittal not amounting to a discharge. This means that the 37-year-old could be charged if new evidence surfaces.

The prosecutor gave no reason. But for the moment, all Kalaichelvan faces is a charge for deserting the Singapore Civil Defence Force when he fled the country in October 1990. He was a NSman then.

He and three friends had visited Mr Lim's brothel in the early hours of Dec 3, 1989 and hired a prostitute.

They had brought along food and liquor and Kalaichelvan claimed he fell asleep after having sex. In the morning, he woke up and went home.

A year later, he met Mr Karnan Arumugam, who was with him at the brothel. Only then did he learn that his friend had assaulted Mr Tan, who later died.

Afraid he could be implicated, Kalaichelvan went into hiding.

In 1992, Mr Karnan, then 26, was jailed for three years' jail and given six strokes of the cane for his role in Mr Lim's death.

The court then heard that Mr Lim had made advances towards Mr Karnan. The young man became infuriated and attacked Mr Lim, kicking him before tying his hands and feet.

To prevent Mr Lim from shouting, a small towel was shoved into the brothel-keeper's mouth.

Mr Lim suffocated when the gag pushed his tongue into the back of his throat, blocking the air passage.

The High Court judge reduced the murder charge to wrongful confinement and grievous hurt after accepting evidence from a forensic pathologist that gagging was 'seldom intentionally homicidal'.

The penalty for murder is death by hanging. If convicted for desertion, Kalaichelvan could be jailed for up to 10 years.