Security officer on why student’s murder accused not detained immediately

KOTA KINABALU: The chief security officer of Siam Thai Bar at Asia City here affirmed at the High Court yesterday that he should have detained the murder accused if he had really witnessed the accused killing the college student but did not do so.

Witness Omar Khan Hussin replied ‘yes’ to a question by counsel Datuk Seri Rakhbir Singh who represents the accused, Mohd Azmin Lidin, that as security officer at the bar, he should have immediately detained Azmin as based on his version the accused had allegedly did something against the law.

Omar was the 11th witness called by the prosecution to testify before Justice Datuk Nurchaya Hj Arshad in the trial of the accused who is charged with the murder of student, Yaacob Nasran.

Yaacob, 18, was found dead not far from the bar on December 15, 2016.

The accused faces the mandatory death penalty if found guilty under Section 302 of the Penal Code for murder.

To a another question by counsel Rakhbir, the witness disagreed that he had brought the accused to his car but did not detain him.

Rakhbir: “You did not detain the accused, after you said that the accused had killed the deceased as per your version of story?”

Witness: “At that time, the accused was wielding a samurai sword. If I had acted harshly towards the accused, he would probably slash me as he was seen to be uncontrollable at that time.”

Rakhbir: “I put it to you that if it was true that the accused was uncontrollable, he would not have followed you as you entered your car which was parked close to the incident area?” Witness: “I disagree.” The witness further disagreed that the accused had followed all his instructions.

To another question by Rakhbir, the witness replied that he had driven his car, with the accused inside it, to the Karamunsing Police Station.

Rakhbir: “While on your way to the police station with the accused, did you not repeatedly in anger said that “Alah, aku nda tau la budak tu hidup kah tak, dia yang cari pasal nak cabar saya, kenalah” (I do not know whether the boy is still alive or not, he was looking for trouble challenging me, so he got it)?” Witness: “I disagree.” Rakhbir: “You then further said, which was heard by the accused, that “lebih baik kita pergi balai polis tunjuk muka dan setakat maklum ada kecoh sana” (It is better for us to go to the police station to show our faces and inform them that there was a fight there)?” Witness: “I disagree.” The witness also disagreed to another question by Rakhbir that he had threatened the accused not to say anything.

To another question, the witness disagreed that he had wiped the bloodstain on his right hand using his black slacks while both he and the accused were about to enter the police station.

The witness also disagreed to another question by Rakhbir that he had interfered with the alleged fight at the location where the deceased was found.

Deputy public prosecutor Gan Peng Kun prosecuted while counsel Mary Gomez held a watching brief for the deceased’s family.

The trial resumes today.