TAWAU: Eight individuals accused of murdering an e-hailing driver early this year, including former Eastern Sabah Security Command (Esscom) Intelligence Chief of Staff, claimed trial to the charge in the High Court here on Tuesday.
All accused, including a female civilian, nodded in understanding and pleaded not guilty after their respective charges were read to them before Judge Dr Lim Hock Leng.
Police officers Rosdi Kastam, 44, Dennis Enit, 44, Fabian Rungan, 43, Khairul Azman Bakar, 47, Mohd Azlan Sakaran, 39, and civilian Vivien Fabian, 34, allegedly murdered one Nurman Bakaratu, 61, at the Palm Oil Plantation near Jalan Anjur Juara, Jalan Apas Mile 5, between 7.30pm and 11.30pm on Jan 13.
They were jointly charged under Section 302 of the Penal Code read with Section 34 of the same Code which carries the death penalty or imprisonment of between 30 years and 40 years, and if not sentenced to death, must be whipped a minimum of 12 lashes, on conviction.
Another police officer John Kennedy, 44, who was Vivien’s husband, was also charged with similar offence, under Section 302 of the Penal Code, at the same place and time.
Datuk Mat Zaki Md Zain, 58, is facing two charges of abetting Rosdi, Dennis, Fabian, Khairul, Azlan and Vivien as well as abetting John in committing the offence.
Mat Zaki was charged under Section 109 of the Penal Code read together with Section 302 of the Penal Code which also carries the death penalty or imprisonment of between 30 years and 40 years, and if not sentenced to death, must be whipped a minimum of 12 lashes, on conviction.
The court then set trial dates from January 2 to April 26, 2024.
The prosecution is expected to call 25-30 witnesses, including four professional experts, while the defence would be calling 32 witnesses.
Deputy Public Prosecutors Datuk Manoj Kurup, Muhamad Iskandar Ahmad, Khairul Azreem Mamat and Low Qin Hui prosecuted.
Mat Zaki, Khairul, Vivien and John were represented by counsel Ram Singh, Kamarudin Mohmad Chinki, Chen Wen Jye, Timothy Daut and Kimberly Ye.
Rosdi was represented by counsel Datuk Ansari Abdullah, Abdul Gani Zelika and Erveana Ansari Ali; Dennis was represented by counsel Hairul V. Othman and Luke Ressa Balang, while Fabian was represented by counsel Sharatha Masyaroh John Ridwan Lincon, Zahbia Ophent and Mohamed Zairi Zainal Abidin.
