Cop accused of single mum's murder goes free
Published on: Wednesday, July 23, 2014
Kota Kinabalu: A police inspector walked out a free man after the High Court on Tuesday discharged and acquitted him of murdering a single mother in Keningau three years ago.Judge Chew Soo Ho freed Ahmad Rizal Umar (pic), 29, of the charge without his defence being called, ruling that the prosecution had failed to prove a prima facie case against him.Ahmad Rizal was accused of murdering one Kartini Borhan, 27, between 4am and 5am on Sept. 29, 2011 in a house at Taman Adika in Keningau. The offence under Section 302 of the Penal Code carries the death sentence on conviction.
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On hearing the decision, a visibly overwhelmed Ahmad Rizal went straight to hug Ram Singh, his lead counsel, from the accused's dock and broke down."I am very happy with the decision by the Judge. I have been under remand for two years and two months since May 14, 2012," said Ahmad Rizal outside the court."I am lost for words ÉI am overwhelmed right now. Insyallah, I will continue my service as a policeman after this. My spirit as a police officer has never faded," said Rizal who considered his acquittal a Ramadan gift, before leaving the court with his immediate family members and friends.In delivering his judgement, Chew held among others that the prosecution's evidence on the inconsistency of what Ahmad Rizal had stated in his police report, the police report was a cover up which may not be the truth and also fabricated. It is not suffice to infer the act of killing, he said.
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On the issue of motive, he said the prosecution relied on the evidence by Kartini's friend one Azlyanna Sadiken and elder sister Hasnizah Borhan and Lim Guang Heng (also Kartini's boyfriend) on the affair between Ahmad Rizal and Kartini. Nevertheless there is no evidence arising from the triangular affair between the three of them to suggest Ahmad Rizal and Kartini quarrelled or fought. This triangular affair is not enough to point that Ahmad Rizal had killed Kartini.
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Unfortunately, there is no evidence to be drawn from the evidence of a triangular affair that was on going until the alleged act of murder. The court was unable to draw an inference against Ahmad Rizal on the act of the murder, he said.Chew, further said that as canvassed by the defence on the breaks in the chain of evidence, it was a fact that no proper exhibit was tendered as the principal exhibits were destroyed in a fire and the only available evidence were the photographs taken by the chemist and the DNA expert.On another issue, Chew said the finding on the analysis on one of the hair strands found in Kartini's right hand was doubtful. On the issue of footprint, Chew said that from the evidence of the Assistant Registrar of Criminals, he being the expert, the court was informed that there were many footprints found in the scene through the photographs."In fact he should be the one who ought to be called to visit the scene and take the photographs of the footprints. Having said that, he was required to analyse only two footprints from the scene and two footprints of Ahmad Rizal, his left and right feet, and compare it with those photographs given to him which he was able to analyse as belonging to Ahmad Rizal."In addition to all these footprints, the DNA report disclosed that in addition to Kartini, Ahmad Rizal and Lim, there were also four unknown males."Nevertheless, no investigation, no evidence had been disclosed to this point on whether any action has been taken to rule out the other four persons from the alleged scene at the material time."For that the court was left in doubt that there was only the accused present with the deceased at the material time or if there were also others," said Chew. Meanwhile, Kartini's father Borhan Sulaiman said they accepted the court's decision. "Whatever it is, we accept the decision because the Judge made the finding based on the evidence."Since evidence were destroyed (in the fire), there is no satisfaction for us because the exhibits were destroyed É maybe there were hidden things that we do not know. We have to accept the decision and leave it to God," he said, leaving the court with his family.Stay up-to-date by following Daily Express’s Telegram channel.
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