Kota Kinabalu: A prosecution’s witness in the trial of 10 prison personnel charged with murdering an inmate at Kepayan Prison four years ago, informed the High Court that the inmate said he was “okay” when he checked on him at the neurology ward at Queen Elizabeth Hospital 1 on Oct 2, 2019.
Prison warden Jellysius Soimpon, 51, who is attached to the Central Prison here informed Judge Datuk Christopher Chin during the prosecution’s examination-in-chief on Tuesday that on the morning of Oct 2, 2019 he was ordered to work at the Queen Elizabeth Hospital 1 to take care of an inmate, namely Shainal Mukhtar and went there at 7.30am with corporal Abdul Halil Mandang and to the 10th floor of the neurology ward and received the task from Sergeant Ag Sulaiman and Corporal Abd Nohbat.
Jellysius stated in his witness statement that he examined Shainal and that his right hand was handcuffed on the bed and examined all the assignment equipment.
The witness also checked upon Shainal, who replied “okay”.
When asked by the prosecution about his understanding when Shainal answered “okay”, Jellysius said he was not sure in terms of health because it was out of his field as he took care of safety and what he asked was only about safety.
To a question, the witness said he was not sure whether there was any injury on Shainal’s body or face when he checked on him.
Jellysius further testified that he was informed by the doctor on duty that Shainal would be allowed to be discharged on that day and that he could not remember the doctor’s name.
To a question, Jellysius said he did not remember whether he received discharge notes to confirm Shainal could be taken back to prison.
To another question, the witness said Shainal was in good condition and under control throughout his assignment of escorting him from the hospital to the central prison on Oct 2, 2019.
Jellysius said upon arriving at the prison, Corporal Halil handed Shainal over at the prison clinic.
To a question, Jellysius said he could not identify Shainal should the prosecution refer him to Shainal.
On trial were prison Inspector Dzulfikri Mohd Safri, 28, and wardens Barry Jipmon, 30, Farizan Mokri, 40, Mohd Saiful Saidin, 34, Amran Yasik, 25, Ab Mutalib @ Talib Abd Rasul, 40, Zerry Maidin, 33, Tomy Momoh, 36, Shahryll Nazry Wan Sofian, 25, and Muhammad Fazi Lakui, 32.
They were all jointly accused of murdering Shainal Mukhtar, 36, in cell number 11, Gemilang Block, at Kota Kinabalu Central Prison, Jalan Kepayan near here at 4.20pm, between Oct 2 and Oct 4, 2019.
The 10 accused had on Aug 24, 2020 claimed trial to the charge under Section 302 of the Penal Code which carries a death penalty on conviction.
Counsel PJ Perira and Dominic Chew are representing Dzulfikri, Farizan, Saiful, Mutalib and Zerry while counsel Hairul Vaiyron Othman is defending Barry, Amran, Tommy, Shahryll and Fazi.
To a suggestion by counsel PJ Perira during cross-examination, that Shainal was from the Camp Paradise reintegration centre Kota Belud, the witness said he was not sure as it was his first time escorting Shainal.
PJ Perira: Can you confirm Shainal has been admitted to the Neurology Ward and also discharge from the Neurology Ward?
Jellysius: I do not know about this.
Meanwhile, Jellysius agreed with counsel Hairul’s suggestion that the discharge note would be passed by the hospital to the warden escorting the inmate on the date of the discharge to be forwarded to the prison or prison clinic.
To a question by counsel Chew, whether as escort chief the medicine had been given to Shainal, Jellysius replied that he only took care of safety.
Chew: You are not sure if the medicine has been given to Shainal. Is that your answer?
Jellysius: I do not remember.
Chew: After Shainal was referred to the clinic in the central prison, Shainal was placed in which block?
Jellysius: I am not sure.
Director of Prosecution Sabah Muhammad Ilmami Ahmad together with Deputy Public Prosecutors Rustam Sanip, Nur Faezah Jafry and Mas Izzaty Lokman appeared for the prosecution.
Trial continues.
