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Inmate sent to hosp in prison vehicle, not ambulance: Witness
Published on: Saturday, May 20, 2023
By: Jo Ann Mool
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Inmate sent to hosp in prison vehicle, not ambulance: Witness
The 10 accused had on Aug 24, 2020 claimed trial to the charge under Section 302 of the Penal Code carries a death penalty, on conviction. - illustration pix by Adobe Stock
Kota Kinabalu: The High Court hearing the case of 10 prison personnel, who were charged with murdering an inmate at Central Prison here four years ago, heard that no ambulance arrived at the Central Prison on Oct 4, 2019 to bring the victim to the hospital.

The prosecution’s 13th witness Sergeant Mahat Jolumin, a medical orderly at the prison clinic, agreed to a suggestion by the accused’s counsel, PJ Perira, during cross-examination that no ambulance arrive at the Central Prison on Oct 4, 2019 at 4.43pm.

Mahat informed Judge Datuk Christopher Chin that the inmate Shainal Mukhtar was sent to the Emergency Unit of Queen Elizabeth Hospital 1 with a prison department vehicle instead.

The witness testified that the vehicle was not equipped with any medical equipment compared to an ambulance.

Perira: Do you know that Shainal has been transferred from Kota Belud Camp Paradise prison to the Central Prison Kota Kinabalu on Oct 2, 2019?

Witness: I do not know.

Perira: You testified earlier that Shainal was brought in a wheelchair by  Corporal Nizam and another person, which you could not identify. Is it a correct procedure to bring in a fainted prisoner in the isolation cell to the prison clinic?

Witness: I am not sure.

Perira: Do you agree with me that the wheelchair to bring Shainal, who was unconscious, from the isolation cell to the Prison Clinic was unsuitable and not appropriate.

Witness: Agree, not suitable.

Perira: Do you agree that there is a stretcher at the prison clinic provided by the prison authority?

Witness: I agree.

Perira: Do you agree that when Shainal was brought in by a wheelchair escorted by Corporal Nizam, it’s an act of negligence on the part of the prison officers to bring the unconscious prisoner to the clinic for treatment?

Witness: Agree. But it was subject as to how Shainal was first brought from the isolation cell to the clinic. If it was already sure how, then we use stretcher.

Perira: Do you agree that there was no record written in your station diary at the prison clinic that Shainal, who was unconscious, was brought to the clinic in a wheelchair, escorted by Corporal Nizam?

Witness: Agree.

Perira: You mention in your witness statement that Shainal’s actions seem insane. Do you mean the prisoner was crazy or like a crazy person?

Witness: Yes. Because he was shaking the door while in the block. When I asked him why, he said he wanted to find food and tobacco. Smoking was not allowed in the prison.

Perira: Do you agree that Shainal was a violent prisoner?

Witness: I am not sure.

Meanwhile, the witness could not gave any answer when the counsel suggested that Shainal was brought to the prison clinic at 3pm and was only sent to the Emergency Room after one hour and 43 minutes.

However, during re-examination by the prosecution, Mahat explained why he did not answer as he was not sure why the delay happened.

“Maybe after receiving instruction from medical assistant Azlan to call the ambulance. Because in the prison we were subject to the prison’s rules that when there is a movement of prisoners out of prison, we must first informed the officer in charge to ask for permission.

“But at that time when I contacted the officer in charge, Puan Safiah who picked the call, informed me that the officer in charge was doing his rounds,” said Mahat.

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, 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 carries a death penalty, on conviction.

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.

Counsel PJ Perira, Dominic Chew and Ariel Dasan representing Dzulfikri, Farizan, Saiful, Mutalib and Zerry while counsel Hairul Vaiyron Othman defending Barry, Amran, Tommy, Shahryll and Fazi.

Trial continues on May 22.

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