The High Court today freed former Eastern Sabah Security Command (Esscom) chief of staff (intelligence) Mat Zaki Md Zain, and seven others of murder and conspiracy charges in the murder trial involving e-hailing driver Nurman Bakaratu.
This comes after, in a shocking turn of events, the victim’s ex-wife confessed to killing him.
Deputy public prosecutor Khairul Azreem Mamat informed the court that they were dropping the case in accordance with Section 254 of the Criminal Procedure Code following their key witness Nurimah Juli’s testimony that she killed Nurman.
Nurimah confessed to killing her ex-husband in the white Myvi car they were travelling in when it stopped at a palm oil plantation on Jan 13, 2023, during her testimony.
“I asked Nurman to go to the plantation and he asked ‘what’ and ‘who’ was there. I asked, ‘You really wanted to marry me?’ and he said, ‘Yes, I wanted to marry you’.
“We continued driving to the plantation and on the way, we argued because he said he didn't see who was my ‘wali’ (guardian) (to remarry),” she said.
Nurimah testified that she used Google Maps to get to the palm oil plantation around 8pm.
“When entering the junction at the palm oil plantation, I chose the road on the left and we stopped there. At that time he was angry and said, ‘You just wanted to fool around’. I tried to press the maps but I couldn't. I moved from the front passenger seat to the back seat.
“When we got to a place with a big tree, he slapped me. I tried to fight back. He said, ‘You're lying. You don't want us to remarry’. He then wanted us to turn around as there was a dead end.
“He tried to turn around and hit me. I just couldn’t control my emotions and grabbed the scissors in my bag and stabbed him. Nobody was there,” she said during examination-in-chief by deputy public prosecutor Rohaiza Abd Rahman before judge Duncan Sikodol.
In view of the decision of the prosecution, the judge ordered that all eight accused be discharged and acquitted.
“All the remaining trial dates are hereby vacated," he said.
The accused were Mat Zaki, 59, six police personnel - Rosdi Rastam, 45, Denis Anit, 45, Fabian Rungam, 44, Khairul Azman Bakar, 47, Mohd Azlan Sakaran, 40, John Kennedy Sanggah, 44 - and a civilian, Vivien Fabian, 34.
Detained for a year
Following the testimony of the 23rd prosecution witness, Rosdi’s lawyer Ansari Abdullah, applied for his client to be released and acquitted from the charges.
"My client has been detained for almost a year in prison and a total of 23 prosecution witnesses have testified since Jan 2," he submitted.
Mat Zaki, John, Vivian, Khairul, and Azlan's lawyer, Ram Singh, requested a full release for his five clients.
Similarly, Dennis and Fabian's lawyers, Luke Ressa Balang and Mohamad Zairi Zainal Abidin, respectively, also sought the court's release for their clients.
Six police officers and a civilian were accused of allegedly killing Nurman in a palm oil plantation near Jalan Anjur Juara, off Jalan Apas Batu 5 in Tawau between 7.30 and 11.30pm on Jan 13, last year.
On Jan 30 last year, Nurimah, 33, was charged with the murder of Nurman at the Tawau Magistrate's Court.
However, on Feb 8, 2023, the same court released her from the murder charge and she became the prosecution’s witness.
Mat Zaki, Rosdi, Denis, Fabian, Khairul, Azlan, and Vivien were brought before the Magistrate's Court on the same day.
John was initially a prosecution witness but on April 11, 2023, he also faced a murder charge alongside the six other men at the Magistrate's Court.
Tears of relief, joy
After the court freed the men, their family members in the public gallery rushed over to hug them in tears.
Outside the courtroom, other members of the accused's family also cried after hearing the decision in their favour.
Mat Zaki, who was met by Bernama, considered today's decision a proof of God's just power.
"I am grateful to my family, Esscom commander Victor Sanjos for our welfare, and everyone who supported us during our time in prison.
“Today, God has shown His mercy. The witness confessed even before the lawyer cross-examined.
"Exactly one year in prison and in the final year of my retirement which is in 14 days, the truth is revealed... And released on the same date this year," he said.
- Bernama
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