Accused walked 2km after maid killed
Published on: Friday, June 28, 2024
By: Jo Ann Mool
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Ambree (left) was represented by counsel Datuk Ram Singh and Chen Wen Jye while Etiqah (right) was represented Datuk Seri Rakhbir Singh.
Kota Kinabalu: The High Court in the trial of a contractor, who was jointly charged with his former reality TV cooking show finalist wife in the murder of their maid, heard that he walked about two kilometres to his sister’s house after informing her that their maid was dead.
The prosecution’s witness, Dayang Sitti Noradzlin Yunos, a 43-year-old engineer, testified before Judge Datuk Dr Lim Hock Leng that while she was at her house in Kepayan area, on the night of Dec 13, 2021, her brother Ambree called her asking to be brought to the police station after telling her that their maid was dead.
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Ambree repeatedly told her that the maid was gone and asked to be taken to the station, said Dayang.
The witness earlier told the court that Ambree and Etiqah married since 2017, have two young children, and have lived in Lido Avenue since early 2021 and that their maid, whom she never met, also stayed with them.
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 Condominium, Penampang.
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.
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Testifying further during cross-examination by Ambree’s counsel, the witness said the distance between her residence and Ambree’s place was about two kilometres and that he came to her house by walking from his house and that she drove to Penampang Police station with Ambree on board after he arrived at her house.
“Ambree panicked and scared and asked me to take him to the police station as soon as possible,” said the witness when asked about his condition that night.
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The fifth witness said she asked him why he was suddenly acting like that and requested to be taken to the police station, to which Ambree replied that the maid was dead.
The witness testified that at that time she had anticipated that this would happen, that the maid was dead, as Ambree had told her there was a problem with the maid and that she had been injured and that he also mentioned giving her some treatment such as cotton and bandages three months before the incident.
“Ambree said there were often arguments between the maid and his wife regarding the care of the children,” said the witness.
The witness also testified that her brother told her, his wife did not allow to take the maid to any treatment facility; but only bought cotton and bandages from the pharmacy and treated her themselves.
While on their way to the police station, the witness asked Ambree what had happened, to which he told her they had just returned from a holiday in Kundasang and upon arriving home, they found the maid dead, having been left at home during their vacation in Kundasang.
“Ambree went to the police station to file a report while I waited in the car,” said the witness, adding that they then went to Lido Avenue where she dropped Ambree off and waited in the car.
In response to a suggestion during cross-examination by Etiqah’s counsel, whether she was aware that it was Etiqah who took the maid several times for medical treatment at Putatan and Penampang Health Clinics, the witness replied that she was informed by Ambree that he took the maid to those places.
During re-examination by the prosecution, when asked which version of her testimony to questions asked by both counsel regarding medical treatment for the maid was correct, the witness said the accurate answer was that Ambree’s wife did not allow him to take their maid for treatment because she wanted to maintain her image as an engineer to an oil and gas company.
In response to a question by the prosecution, the witness testified that she had not lied during her testimony while being cross-examined by both counsels for the accused.
She clarified that the conversation about “the maid is dead” occurred while they were on their way to the police station, whereas the discussion about treatment and argument matters did not occur during that journey.
Meanwhile, another prosecution witness, Computer Crime Investigation Analyst Inspector Fadzalziz Jarpi testified that on July 12, 2022 at 9am, he received exhibits from a police officer and a document on application exhibits for examination/analysis of the Royal Malaysian Police Forensic Laboratory.
Fadzalziz, who is attached to PDRM Computer Crime Investigation Unit Forensic Laboratory, Cheras, Selangor said upon inspection of the plastic envelope, there are four handphones – two iPhones, a Vivo and a YES 4G LTE together with sim card, respectively.
He said the form was for an analysis application, which involves extracting pictures, videos, and any media related to the abuse of the deceased and also includes extracting conversations from text messages or any social applications such as WhatsApp, Facebook, Instagram, and others, as well as a list of call logs from July 2021 to Dec 13, 2021.
The sixth witness said that an examination of the first iPhone revealed WhatsApp conversations between the phone number associated with the device and the second iPhone’s phone number, along with photographs relevant to the investigation and call logs from July 1, 2021, until Dec 13 of the same year.
Upon inspection of the second iPhone, WhatsApp conversations were found between the phone number linked to the device and the phone number of the first iPhone.
Additionally, pictures, 20 videos related to the investigation, and call logs from July 1, 2021, until Dec 13 of the same year were retrieved.
Regarding the Vivo mobile phone, the witness mentioned that no relevant data related to the investigation was obtained.
Regarding the YES 4G LTE mobile phone, he said that examination could not be conducted due to lack of knowledge of the password and the investigating officer informed that the mobile phone belonged to the deceased.
When questioned by the prosecution about the first iPhone, the witness said he could not determine who the mobile phone user was.
To a question, the witness said a total of 1,256 videos were successfully obtained from the memory of the second iPhone, and he extracted 20 out of that number.
When shown several videos played in open court, the witness provided his analysis that a woman was observed being scolded recorded on Aug 30, 2021, and Aug 31, 2021, and a woman crying when scolded, recorded on Aug 30, 2021.
Regarding other videos, the witness mentioned that an individual was seen in a toilet, recorded on Dec 7, 2021, an individual seen bending over in an injured condition with the head wrapped in bandages recorded on Dec 2, 2021, and an individual in a bathroom in an injured state, recorded on Dec 8, 2021.
Meanwhile, the prosecution’s seventh witness, Asgari Ajjah, 38, oil palm frond cutter, testified that on Dec 16, 2021 he went to Queen Elizabeth Hospital 1, to identify the body of the deceased, who was his wife, adding that he identified her based on her bangle, which she bought while on vacation in Indonesia.
The prosecution’s eighth witness, self-employed Idris Ahmad, 53, testified that Ambree was his nephew.
Idris testified that at 7pm on Dec 13, 2021, he received a phone call from Ambree who repeatedly said “big problem” and proceeded to tell him that his maid had died at that time.
Idris added that Ambree had also informed him that the maid was already injured.
The witness said he then advised Ambree to lodge a police report, which Ambree agreed to do.
He further said that he tried to contact Ambree after Dec 13, 2021, but his handphone could not be reached, and he did not know what had happened to Ambree after that date.
State Prosecution Director Nahra Dollah, and Deputy Public Prosecutors Azreen Yas Mohamad Ramli Dacia Jane Romanus appeared for the prosecution.
Ambree was represented by counsel Datuk Ram Singh and Chen Wen Jye while Etiqah was represented Datuk Seri Rakhbir Singh.
Both accused were on court bail.
Trial adjourned to Aug 19.
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