TAWAU: A police officer from Unit D7a of the force told the High Court here today that he never tampered with the interior of a car linked to the murder of an e-hailing driver at an oil palm plantation early last year.
During a re-examination by deputy public prosecutor (DPP) Mohammad Fakhrurrazi Ahmad, prosecution witness Insp Muhammad Amir Aiman Abu, 33, said he only acted on the instructions of the investigating officer to seize the involved car and transfer it to the Tawau police headquarters here.
According to him, the car was towed by a vehicle towing company without anyone having to enter the car.
Mohammad Fakhrurrazi: While responding to the suggestion by lawyer Datuk Ram Singh that you have contaminated a very important exhibit at the crime scene, can you explain why you disagreed?
Muhammad Amir Aiman: I did not directly handle the case item I handed over to the investigating officer.
Mohammad Fakhrurrazi: While responding to the suggestion by the lawyer (Erveana Ansari) that it is impossible for no one to be inside the car, as the handbrake needs to be released to tow the car, can you explain why you disagreed?
Muhammad Amir Aiman: I do not agree (with Erveana's suggestion) because I am not sure whether the handbrake was working or not at that time.
The police officer from the Tawau police headquarters said this while testifying on the fourth day of the murder trial of e-hailing driver Nurman Bakaratu, 61, involving eight accused, namely former Eastern Sabah Security Command (ESSCOM) chief of staff (intelligence) Datuk Mat Zaki Md Zain, six police officers, and a civilian.
Rosdi Rastam, 45, Denis Anit, 45, Fabian Rungam, 44, Khairul Azman Bakar, 47, Mohd Azlan Sakaran, 40, John Kennedy Sanggah, 44, and Vivien Fabian, 34, are charged with committing the murder on an oil palm plantation near Jalan Anjur Juara, Jalan Apas Baru 5, here, between 7.30 pm and 11.30 pm on Jan 13 last year.
They are charged under Section 302 of the Penal Code read together with Section 34 of the same code which carries the death penalty if convicted.
Mat Zaki, 59, is facing two charges of abetting in the murder of Nurman under Section 109 of the Penal Code, read together with Section 302 of the same code.
Mohammad Fakhrurrazi also told the court that he disagreed with the suggestion by lawyer Mohamed Zairi Zainal Abidin that he was negligent when towing the car by not caring about what happened to the car and only focusing on towing the car from the crime scene to the Tawau police headquarters.
"I did not tamper with any evidence or items found in the vehicle," said the 11th prosecution witness.
The trial before Judge Duncan Sikodol continues on Jan 22. – BERNAMA