Sun, 1 Oct 2023


Murder at Kepayan Prison: Witness tells of bruise on inmate’s body
Published on: Wednesday, May 24, 2023
By: Jo Ann Mool
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Murder at Kepayan Prison: Witness tells of bruise on inmate’s body
Nizam said the doctor who examined Shainal at the hospital confirmed that Shainal had died.
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, was told of blackish-blue bruise on the inmate’s body.

Prosecution’s 16th witness Mohd Nizam Abdul Salam, who testified before Judge Datuk Christopher Chin Soo Yin Tuesday, stated in his witness statement that he saw the bruise on the inmate’s left back body when the doctor, who treated him, took off his shirt when they arrived at the Critical Zone of Queen Elizabeth hospital 1 on the evening of Oct 4, 2019.

Nizam, a Control and Prevention Unit warden at the Central Prison here, stated that he only managed to see the bruise and he also showed and identified the said bruise in the picture referred to him by the prosecution while in court.

He stated earlier that he was instructed by Prison Chief Inspector Abdul Sani to escort the inmate, Shainal Mukhtar, who was brought with a Prison Department vehicle to the Hospital to get further treatment after CPR and other treatments were unsuccessful.

Nizam said the doctor who examined Shainal at the hospital confirmed that Shainal had died.

Earlier, in his statement, Nizam, who was on duty on October 4, 2019 from 2pm to 9pm at Gemilang block where Shainal was isolated, Shainal, who was alone, started making noise in his cell number 11 by shouting in a loud voice and that upon seeing the inmate, he became afraid to see Shainal hurt himself, who at that time was not wearing a straitjacket.

“I did ask Shainal what was the black colour on his left cheek but he did not respond. I did not ask him further as I fear he might go berserk.

“At 2.30pm, I visited cell 11 and found Shainal was delirious while eating bread, I did not disturb him and went back to my table.

“At about 2.40pm, I went to Shainal’s cell and I saw him sitting and making less noise, then I continued patrolling the other cells.

 “At 2.45pm, I found Shainal unconscious and leaning against the cell wall, I called his name repeatedly but Shainal did not give any response, I then went to Sergeant Saini’s table to inform him about Shainal,” said Nizam.

Together with Saini, they went back to Shainal’s cell and since Shainal did not give any response, Saini then called Prison Chief Inspector Abdul Sani regarding Shainal’s condition, said the witness.

 “At about 3pm, I opened Shainal’s cell and asked an inmate by the name of Nizam, who was doing cleaning works, to give Shainal water to drink. I was on Shainal’s side when Shainal was given the water to drink.

“While Shainal drank the water I noticed pieces of bread scattered in his cell. A few minutes later, three other inmates, who were on duty at the prison clinic, came with a wheelchair to take Shainal to the prison clinic to get treatment,” said Nizam.

He stated that Sergeant Saini instructed Shainal to be handed over to two assistant medical officers at the prison clinic where Shainal was given CPR and other treatment.

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 one 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 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.

Meanwhile, to questions by Judge Chin, Nizam confirmed that he did see Shainal drink the water and that he was sitting down while drinking the water.

During cross-examination by Hairul, Nizam said Shainal was given water taken from the water dispenser which was provided in each block and that Shainal drank the water in one gulp.

To a question, Nizam said the size of the bread pieces scattered in Shainal’s cell was the size of a thumb.

Trial continues.

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