The key to a Ferrari was among the items photographed by police at the house where businessperson SM Faisal SM Nasimuddin was alleged to have injured his then wife Emilia Hanafi, the Kuala Lumpur Magistrates’ Court heard today.
Police photographer corporal Muhamad Shahmi Yusof testified that he took 12 photographs of the alleged crime scene around 3.45pm on Nov 27, 2015.
The third prosecution witness’s testimony this afternoon is over the trial of SM Faisal, who is charged with intentionally causing injury to Emilia at their home in Desa Sri Hartamas in Brickfields, Kuala Lumpur, between 12.30pm and 4.30pm, two days earlier (Nov 25, 2015).
During proceedings before magistrate Nadia Othman, Shahmi said that he took the photographs based on the order of investigating officer Rosnani Ramli when they were both at the house.
With the 12 photos shown via a projector in court during examination-in-chief by deputy public prosecutor Nur Aisyah Ahmad Zakiuddin, Shahmi testified that he took photos of the Ferrari car key, the ground floor living room, and the then couple’s bedroom on the first floor.
Shahmi: (This is the photo of) The Ferrari car key.
Aisyah: Can you identify the photograph you have taken?
Shahmi: Yes.
The witness added that Rosnani had also made a sketch of the scene of the alleged incident while at the house.
During cross-examination by defence counsel Akberdin Abdul Kader, Shahmi explained that he and Rosnani - who are both from the Brickfields police station - went to the house five days after Emilia lodged the police report.
Photos transferred, deleted to make space
The witness also said that after having transferred the 12 photos from the camera to a compact disc (CD), he had then deleted the photos inside the camera.
When asked by Akberdin, Shahmi said he deleted the photos on his own without any prompting from his superiors.
During further cross-examination by another defence counsel, Jagjit Singh, the witness conceded that he does not have a certificate to show in court to attest that the machine used to transfer the photos from the camera to the CD was in actual working order.
Jagjit: I put it to you that the photos in the CD was not the original photos from the memory card (inside the camera).
Shahmi: I disagree.
During re-examination by Aisyah, the witness explained that he deleted the pictures from the memory card in order to make room for other photos from other crime scene photography assignments.
Shahmi said if he did not delete pictures in the memory card, it would become full and he would not be able to use the camera to take photos of other crime scenes.
Trial will resume on Aug 1, with either complainant Emilia, the doctor who examined her, or her younger sibling, may take the witness stand for the prosecution.
The charge against SM Faisal was framed under Section 323 of the Penal Code, with Section 326A of the same code providing a maximum penalty of two years in jail, or a fine not exceeding RM2,000, or both, if found guilty.
Back on July 7, the court warned Emilia, 43, not to use the medical certificate (MC) as a “ticket” to be absent from proceedings.
Earlier on June 27, Emilia was sent to Kajang Prison to serve a seven-day jail term for failing to comply with a Syariah High Court order on visitation dates for her three children by SM Faisal, 43.
She also has an ongoing legal challenge before the civil court over the validity of the Syariah sentence against her.
Counsel Khairul Anwar Rahmat and Nizam Bashir conducted watching brief for Emilia during proceedings.
After trial, Khairul Anwar told the media that the court case can serve as a wake-up call to authorities over the issue of domestic violence as well as for women to uphold their rights in such cases.
However, he declined to go into further detail as the criminal court case hearing is still ongoing. - Mkini
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