TAWAU: The eighth witness in the trial of the murder of an e-hailing driver told the High Court here that the former Chief of Intelligence Staff of Esscom and the victim’s ex-wife were like “lovers”.
Shim Vui Nyen, 51, the owner of a night club in Lahad Datu, however, said they never said so to him clearly.
Shim said, he noticed that sometimes they looked like a couple when he saw their movements after “drinking” at his pub.
Shim stated this during the examination-in-chief by Deputy Public Prosecutor (DPP) Rohaiza Abd Rahman on the third day of the case before Judge Datuk Duncan Sikodol, Thursday.
The witness also said he once asked the woman known as Anna Juli or Ann about her marital status and was told that she (Ann) was single.
Shim also told the court that Ann lived in a rented room at his premises and that the keys to the room were owned by only two people – Ann and Zaki. The duplicate keys were kept at the counter of the premises.
During cross-examination by counsel Datuk Ram Singh, Shim said Zaki and Ann were like a couple judging from their movements after drinking Ann would hug Zaki.
“I do not think there is footage he said as when asked if there was CCTV footage at his premises showing Zaki and Ann hugging.
During the re-examination by DPP Khairul Azreem Mamat, the witness agreed with the defence counsel’s question that Zaki did not have an affair with Ann because he did not see their actions in the room.
Former Esscom Chief of Intelligence Staff Datuk Mat Zaki Md Zain, 58, faces two charges of abetting six other accused - Rosdi Kastam, 44, Dennis Ak Anit, 44, Fabian Runggam, 43, Khairul Azman Bakar, 47, Mohd Azlan Sakaran, 39, and Vivien Fabian, 34, to murder Nurman Bakaratu, 61, in a palm oil plantation near Jalan Anjur Juara, Jalan Apas Batu 5 between 7.30-11.30 pm on Jan 13, 2023.
Mat Zaki was also accused of abetting John Kennedy Sanggah in murdering the same victim at the same time and location.
He was charged under Section 109 of the Penal Code read with Section 302 of the Penal Code which carries the death sentence or imprisonment of up to 40 years and caning not more than 12 times, if convicted.
The other seven accused were charged under Section 302 of the Penal Code read with Section 34 of the same Act which carries the death penalty or imprisonment of up to 40 years and can be whipped not more than 12 times, if convicted.
The prosecution is led by DPP Khairul Azreem Mamat with his team consisting DPPs Rohaiza Abd Rahman; Lina Hanini Ismail; Mohammad Fakhrurrazi Ahmad and Low Win Hui.
The accused; Rosdi was represented by Datuk Ansari Abdullah and Erveena Ansari; Dennis (Hairul Vaiyron and Luke Ressa Balang); Fabian (Sharatha Masyaroh John Ridwan Lincon, Zahbia Ophent and Mohamad Zairi Zainal Abidin).
Vivien, John, Khairul Azman, Datuk Mat Zaki and Mohd Azlan were represented by Datuk Ram Singh and Kamarudin Mohmad Chinki.