Tawau murder case: Witness denies tampering with car found at crime scene

TAWAU: A police officer from the D7a unit has told the High Court that he did not tamper with the interior of a car linked to the murder of an ehailing driver at an oil palm plantation in 2023.

During re-examination by Deputy Public Prosecutor Mohammad Fakhrurrazi Ahmad, prosecution witness Insp Muhammad Amir Aiman Abu, 33, said he only acted on instruction of the investigating officer to seize the involved car and transfer it to the Tawau district police headquarters.

He said that the car was towed by a vehicle towing company without anyone having to enter the car.

Mohammad Fakhrurrazi: "While responding to the suggestion from 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 it over to the investigating officer."

Mohammad Fakhrurrazi: "While responding to the suggestion from the lawyer (Erveana Ansari) that it is impossible no one entered 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 district police headquarters said this while testifying on the fourth day of the trial of the murder case of ehailing 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 in an oil palm plantation near Jalan Anjur Juara, Jalan Apas Baru 5, here, between 7:30pm and 11:30pm on Jan 13, 2023.

They were 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 the murder of Nurman under Section 109 of the Penal Code, read together with Section 302 of the same code.

Muhammad Amir Aiman also told the court that he disagreed with the suggestion from lawyer Mohamed Zairi Zainal Abidin that he was negligent by not caring about what happened to the car and only focusing on getting the car from the crime scene to the Tawau district police headquarters.

"I did not tamper with any evidence or items found in the vehicle," said the 11th prosecution witness.

It was previously reported that the victim's body was found in some bushes next to the vehicle in question.

The trial before Judge Datuk Duncan Sikodol continues on Jan 22. – Bernama