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Murder at Kepayan Prison: ‘Inmate involved in incident with man inside cell’
Published on: Tuesday, October 10, 2023
By: Jo Ann Mool
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Murder at Kepayan Prison: ‘Inmate involved in incident with man inside cell’
During re-examination by the prosecution, Riduan explained that it was the result of the recording of a statement from a witness who was a prisoner and also staff at Paradise Camp who were with the victim at the time.
Kota Kinabalu: The High Court in the trial of 10 prison personnel charged with murdering an inmate at Kepayan Prison heard on Monday that the inmate had an engagement with an unidentified male before he was found unconscious inside the isolation cell which led to his death.

The prosecution’s 26th witness, ASP Riduan Abdollah, during cross-examination before Judge Datuk Christopher Chin Soo Yin, agreed with counsel Hairul V. Othman that the DNA profile found inside cell no 11, at Block Gemilang, Kepayan Prison showed that an incident occurred where the victim (Shainal Mokhtar) had the engagement with the unknown male before he was found unconscious at the cell which led to his death.

Hairul posed the question by referring to the forensic DNA report.

Riduan, who was the investigating officer (IO) of the present case, earlier also agreed with the counsel that the bloodstains found near Shainal’s bed showed that there was an incident happened before he was found unconscious by his fellow inmate which could have caused serious injuries at Paradise Camp, Kota Belud before he was transferred to Kepayan Prison.

The witness disagreed with the counsel that his investigation did not rule out foul play in an incident with other inmates or prison personnel in Paradise Camp earlier which led to Shainal’s injuries that led to his death.

Counsel: Do you agree that in your investigation on this case, you did not find  undoubtful conclusion on the said incident which caused the injuries to the victim at Paradise Camp?

Witness: Yes.

Counsel: Do you agree that in your investigation on this case, you did not find any undoubtful conclusions on the said incidents with another unidentified male which may have caused further injuries to the victim at Cell No. 11, Kepayan Prison?

Witness: Yes.

When asked to explain by the prosecution during re-examination, why he agreed to the said question, Riduan said it was because the results of the exhibits sent to the Chemistry Department found that there was no DNA in common with all the accused.

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.

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.

To a question by counsel Dominic Chew, the witness agreed that he made an investigation related to the fact that Shainal was stiff and had white froth in his mouth while at Block A-1, Paradise Camp on Sept 30, 2019.

During re-examination by the prosecution, Riduan explained that it was the result of the recording of a statement from a witness who was a prisoner and also staff at Paradise Camp who were with the victim at the time.

To another question by Chew, the witness agreed with him, that as an IO, he knew the facts that Shainal had suffered brain and head injuries while he was at Paradise Camp.

Riduan explained during re-examination how he found out about Shainal’s health problems after interviewing Dr. Rahimah who treated him at Kota Belud Hospital.

Director of Prosecution Sabah Mohd Taufik Mohd @ Mohd Yusoff, Deputy Public Prosecutors Rustam Sanip and Bryan Francis for the prosecution.

Counsel PJ Perira, Chew and Ariel Dasan represented Dzulfikri, Farizan, Saiful, Mutalib and Zerry while Hairul defended Barry, Amran, Tommy, Shahryll and Fazi.

Trial continues.

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