Maid badly beaten up before her death
Published on: Thursday, June 27, 2024
By: Jo Ann Mool
.jpg "Maid badly beaten up before her death")
On Nov 17, 2022, Ambree (left), 40, and Etiqah (right), 33, claimed trial to the charge under Section 302 of the Penal Code, read together with 34 of the same Code, which carries the death penalty or not less than 30 years jail and not more than 40 years jail, and with no less than 12 strokes of whipping, on conviction.
Kota Kinabalu: The High Court, Wednesday, hearing the murder case of a maid in Penampang heard she was severely assaulted just before her death and experienced immense pain throughout the ordeal.
Dr Norhayati Jaffar, a Forensic Odontologist, who testified before Judge Datuk Dr Lim Hock Leng as the prosecution’s third witness, stated in her witness statement that she gave the opinion based on all the findings of injuries that she examined and assessed around and inside the mouth of the deceased during the post-mortem at the Forensic Medicine Department, Queen Elizabeth Hospital on Dec 16, 2021.
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On trial were contractor Mohammad Ambree Yunos @ Unos and former reality TV cooking show finalist Etiqah Siti Noorashikeen Mohd Sulong, who were jointly accused of murdering Nur Afiyah Daeng Damin, 28, between Dec 8 and 11, 2021, at a unit in Amber Tower, Lido Avenue.
On Nov 17, 2022, Ambree, 40, and Etiqah, 33, claimed trial to the charge under Section 302 of the Penal Code, read together with 34 of the same Code, which carries the death penalty or not less than 30 years jail and not more than 40 years jail, and with no less than 12 strokes of whipping, on conviction.
Testifying further, Dr Norhayati, 50, who is attached to the Forensic Dentistry Unit, Department of Oral and Maxillofacial Surgery, Kuala Lumpur Hospital, stated that she was contacted by a medical officer a day before Dec 15, regarding a decomposed female body, one Nur Afiah Daeng Damin, for examination and assessment regarding multiple injuries around and inside the mouth of the deceased.
“Upon examination, I found the deceased suffered both soft and hard tissue injuries on the lips as well as inside the mouth.
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“The soft tissue injuries were found on the lips and the inner part of the mouth, while the hard tissue injuries were specifically of the teeth,” stated the witness.
Dr Norhayati stated that the deceased sustained eight soft tissue injuries to her mouth, and on dental examination, she suffered trauma to six permanent anterior teeth.
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She stated that all injuries sustained by the deceased were consistent with the type of injuries resulting from an attack on her face, particularly in the mouth area, which could cause significant bleeding similar to any soft tissue injury in and around the mouth.
“The broken front teeth were consistent with the typical injuries sustained during an assault or trauma.
“Among the six broken teeth, the two upper front teeth were the most severely affected, namely the left central incisor and left lateral incisor.
“The type of injury or fracture on these two teeth was not consistent with injuries resulting from trauma because it involves fractures of the crown up to the neck of the teeth and also the alveolar bone behind these teeth, instead, it was consistent with the impact of these teeth being forcibly gripped at the neck of the teeth, causing fractures in the surrounding bone and tearing of the gums from the teeth.
“The torn gums also indicate that these injuries likely occurred close to the time of death as there was insufficient time for healing, the same applying to the other broken teeth.
“Based on the type of injuries to these two left upper incisors, I opined there was an attempt to forcibly extract these teeth which was unsuccessful.
“This incident likely caused severe pain to the deceased, particularly in the absence of local anaesthesia as would be administered during professional tooth extraction procedures at dental clinics.
“This incident could also have caused bleeding from the gums and surrounding bone of both these teeth.
“Based on all the injury findings, I have examined and analysed in the mouth and inside the mouth of the deceased, I opined the deceased was severely attacked before her death and experienced extreme pain during this incident,” stated Dr Norhayati.
When asked about the meaning of ‘accident’ after being shown several photographs of the two injured teeth, the witness stated that it was a common occurrence when a tooth needs to be extracted.
On a question of what tool could cause the said injuries, the witness said: “As I mentioned earlier in the tooth extraction process. This procedure was typically performed by a dentist in a dental clinic using a tool called a dental forceps, which grips the tooth at its neck with slight force. It is usually done under local anaesthetic to ensure the patient does not experience discomfort.”
To another question whether the tooth extraction in the present case was done in a dental clinic, the witness opined that the injuries suffered by the deceased indicate the unprofessional nature of the dentist.
“The level of pain experienced by the deceased in this case was 10 out of 10,” said Dr Norhayati replying to a question by the prosecution.
In response to another question, Dr. Norhayati, referring to a pair of pliers, which was an exhibit, stated that the pliers could have been used to injure the deceased.
When asked about the timing of the injuries, the witness opined that the injuries suffered by the deceased likely occurred near the time of death because the wounds were still open during the examination.
State Prosecution Director Nahra Dollah, and Deputy Public Prosecutors Azreen Yas Mohamad Ramli Dacia Jane Romanus appeared for the prosecution.
Ambree and Etiqah, who were on court bail, were represented by counsel Datuk Ram Singh and Datuk Seri Rakhbir Singh respectively.
Trial continues.
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