Ex-wife confesses, so 8 go free
Published on: Friday, January 26, 2024
By: Lagatah Toyos
Zaki (centre) with his wife and others who were discharged and acquitted outside the Tawau Court yesterday.
TAWAU: The eighth day of the murder trial of an e-hailing driver took a dramatic turn, Thursday, with Esscom’s former chief of intelligence staff SAC Datuk Mat Zaki Md Zain and seven others being discharged and acquitted.
High Court Judge Datuk Duncan Sikodol made the decision following an application by Deputy Public Prosecutor Khairul Azreem Mamat not to proceed with the case after the prosecution’s witness – who happened to be the victim’s ex-wife – confessed to stabbing him with a scissor.
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The prosecution’s 23rd witness 35-year-old Nurimah Juli, the former wife, during examination-in-chief told the court that she stabbed him with the scissor taken from her bag while fighting with him in Myvi at the murder scene.
Overcome with emotions, Nurimah stabbed her ex-husband with the scissor after being hit and slapped during an argument with Nurman, who accused her of misleading about reconciling and remarrying.
Prior to that, Nurimah and Nurman, who married in 2021, bought a ring and a wedding dress.
Nurimah also testified that there was no one else at the time. Following her confession, the prosecution applied for a short stand down and later informed the court of their application not to proceed.
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Counsel for each accused then applied for their respective clients to be freed.
Datuk Mat Zaki Md Zain, 58, faced two charges of abetting six other accused – Rosdi Rastam, 44, Dennis Ak Enit, 44, Fabian Ak Rungan, 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 and 11.30pm on Jan. 13, 2023.
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Mat Zaki was also accused of abetting John Kennedy Ak 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.
Counsel Datuk Ansari Abdullah, who represented Rosdi (first accused) applied for him to be discharged and acquitted after all 23 prosecution witnesses were called and that they (the accused) had been in custody for a year.
Counsel Datuk Ram Singh applied the same for Mat Zaki, John, Vivien, Khairul Azman and Mohd Azlan. Counsel Luke Ressa Balang and Mohamed Zairi Zainal Abidin, respectively, applied for the same towards their respective clients, Dennis Ak Enit and Fabian Ak Rungan. Duncan in ordering all the eight individuals to be discharged and acquitted, vacated the trial dates set.
Meanwhile, the atmosphere in and outside the courtroom turned noisy with family members of the accused as well as their counsel overjoyed.
They hugged each other and wept with joy.
Together with DPP Khairul in the prosecution team were Rohaiza Abd Rahman, Lina Hanini Ismail, Mohammad Fakhrurrazi Ahmad and Low Win Hui.
Rosdi was represented by Ansari and Erveena Ansari; Dennis (Hairul Vaiyron Othman 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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