Cop denies making mistake
Published on: Saturday, January 06, 2024
By: Lagatah Toyos
TAWAU: The prosecution’s 11th witness on the fourth day of the e-hailing driver’s murder case told the High Court, here, Friday, that he did not make a mistake by taking a cap (seized item) without the presence of the forensic team at the location.
Inspector Amir Aiman Abu said this was because there were no forensic officers at the scene at that time since the Sabah PDRM Forensic Division was in Kota Kinabalu.
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The witness explained this during re-examination by Deputy Public Prosecutor (DPP) Mohammad Fakhrurrazi Ahmad of his answer of ‘disagree’ to the defence’s suggestion that he (the witness) made a mistake.
Amir also explained that he did not interfere with any traces or items found in the vehicle when asked for an explanation by Fakhrurrazi to the answer.
Earlier, the witness disagreed with counsel Mohamad Zairi Zainal Abidin’s suggestion that he was careless because he did not care what happened to the Myvi car and his focus was only on towing the car.
Amir earlier also disagreed with counsel Erveena Ansari that his ‘action’ of moving the Myvi from the scene to the Tawau Police Station before being examined by the forensic team from Kota Kinabalu could taint any evidence found in the car.
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The witness said he was only instructed to remove the vehicle and other exhibits, namely the hat and the car parking receipts. The car was towed from the estate to the Tawau Police Station by a private tow truck company.
Meanwhile, High Court Judge Datuk Duncan Sikodol allowed the prosecution’s objection on documents, namely two police reports that were allegedly lodged by the families of the accused.
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The police report, among other things, stated that the accused in the case were pressured to confess to being involved in the murder when they were not involved at all.
The document was mentioned by defence counsel Abdul Gani Zelika during cross-examination of Inspector Amir.
Fakhrurrazi said that the objection was raised because the ‘police report’ could not be proven when there was no signature or name of the complainant.
“It was just a piece of paper that is unknown as to who lodged it (the report) and whether this version of the report is true and it is not known whether the content is true.
“In addition, the copy of the police report that has been submitted was Tawau/010240/23 and not a copy of the CTC,” he said.
With that, he said, it was clear that the copy of the document cannot be used for claims or trials in court.
However, Fakhrurrazi stated that he had no objection to another copy of the police report submitted by Abdul Gani because it had the complainant’s name and signature.
Earlier, the witness when questioned by counsel Abdul Gani, stated that he had never read or seen the police reports which were said to be made by the families of the accused.
During re-examination by Fakhrurrazi, the witness said the officer who investigated the case was ASP Yusman Shahri Marinsah when he was asked to explain his answer of ‘yes’ to the counsel’s question that he still did not know who killed the victim, even though the investigation had been completed.
The trial will continue Jan 22-26.
The accused, 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 a 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 of 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.
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