Murder at Kepayan Prison: No drugs, pesticides detected
Published on: Friday, May 26, 2023
By: Jo Ann Mool
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The prosecution’s 18th witness, a chemist attached to the Chemistry Department here Mohd Helmi B. Dullah @ Mohd Rashid, who testified before Judge Datuk Christopher Chin Soo Yin, said that during examination-in-chief by the prosecution when asked to briefly explain the results of the toxicology analysis of Shainal Muhktar’s (the alleged victim) blood, urine and stomach content specimens which he conducted.
Kota Kinabalu: No common drugs or pesticides were detected in the blood sample and stomach contents of the inmate who was allegedly murdered by the 10 prison personnel at the Central Prison here four years ago, the High Court heard, Thursday.
The prosecution’s 18th witness, a chemist attached to the Chemistry Department here Mohd Helmi B. Dullah @ Mohd Rashid, who testified before Judge Datuk Christopher Chin Soo Yin, said that during examination-in-chief by the prosecution when asked to briefly explain the results of the toxicology analysis of Shainal Muhktar’s (the alleged victim) blood, urine and stomach content specimens which he conducted.
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Helmi also testified that there was no presence of ethyl alcohol in the blood and urine specimens.
He added that he detected the presence of acetaminophen in the urine sample.
When asked to explain what the acetaminophen that was detected, Helmi explained that acetaminophen or another chemical name called paracetamol is a type of analgesic taken to relieve pain such as fever or headache.
On trial were Barry Jipmon, 30, Mohd Dzulfikri Mohd Safri, 28, 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.
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They were all jointly accused of murdering Shainal, 36, in cell number 11, Gemilang Block, at the 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.
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Earlier, Helmi testified that on Oct 17, 2019, he received a toxicology analysis application from ASP Riduan in which he received an envelope containing four plastic packets each with specimen such as blood, urine, and stomach contents belonging to Shainal.
Helmi said he carried out an analysis on Oct 19, 2019 of the alcohol content, common drugs and common pests.
He testified that he prepared the report on Jan 16, 2020.
When asked why he prepared a rather long report on Jan 16, 2020 while he conducted the analysis on Oct 18, 2019, Helmi explained that on Oct 18, 2019, only the description process was carried out and thereafter, each analysis was carried out in stages and for each specimen carried out, the analysis had to follow the sequence with other cases which he received at the Toxicology Section.
The witness said after completing the report he submitted the report to ASP Riduan on Feb 10, 2020 at 2.30pm along with the exhibits.
Meanwhile, during cross-examination by counsel Dominic Chew, the witness disagreed with his suggestion that it was not an accurate toxicology content of Shainal’s body at the time of death when his biological samples were only given to him (the witness) 13 days later after the death occurred on Oct 4, 2019.
However, during re-examination by the prosecution, the witness explained that he disagreed based on the results of the analysis he conducted and stated the accuracy of the results of the analysis conducted was almost 95 per cent.
“This is because the analysis I conducted involves qualitative and quantitative analysis, but the accuracy is also affected by the length of time the sample was taken and the time the analysis was carried out,” said the witness.
To another suggestion by Chew during cross-examination, Helmi agreed with the counsel that he has no knowledge of how the samples were kept before they were handed to him.
Counsel: If you have no knowledge of how Shainal’s body was preserved before post mortem was conducted and no knowledge of how the sample was kept by ASP Riduan before being sent to you, therefore, agree with me, it is not an accurate toxicology content in Shainal’s body at the time of death.
Witness: Correct.
Counsel: Any form of poisoning in Shainal’s body would have diminished or dissolved by the time you conducted the analysis after 13 days, am I correct?
Witness: Yes.
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 adjourned to June 20-22.
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