All Tawau murder accused freed
TAWAU: In a shocking turn of events, the High Court on Thursday day freed Esscom’s former chief of intelligence staff SAC Datuk Mat Zaki Md Zain, and seven others of murder and conspiracy charges in the murder trial involving e-hailing driver, Nurman Bakaratu, after his exwife 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.
“In view of the decision of the prosecution, I order that all eight accused persons be discharged and acquitted. All the remaining trial dates are hereby vacated,” said Judge Datuk Duncan Sikodol.
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.
Following the testimony of the 23rd prosecution witness, Rosdi’s lawyer Datuk 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 Azman, and Mohd Azlan’s lawyer, Datuk 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 policemen and a civilian were accused of allegedly killing Nurman in a palm oil plantation near Jalan Anjur Juara, off Jalan Apas Batu 5 here 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 Magistrate’s Court here.
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 Azman, Mohd Azlan, and Vivien were brought before the Magistrate’s Court here on the same day.
John Kennedy 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.
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.
Meanwhile, Mat Zaki, who was met by Bernama, considered the 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... today it is exactly one year after (my) arrest on Jan 25 last year. And released on the same date this year,” he said.
Earlier, Nurimah confessed in the High Court that she stabbed Nurman with scissors after an argument broke out between them in a Myvi car at a palm oil plantation on the night of Jan 13 last year.
Nurimah said on the day of the incident, at around 7pm, she and Nurman, travelling in a white Myvi car driven by the deceased, went to a palm oil plantation which is located 25 minutes from a hotel here to discuss their marriage.
“I asked the late 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).
“I used Google Maps to get there and we arrived at 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
In view of the decision of the prosecution, I order that all eight accused persons be discharged and acquitted. All the remaining trial dates are hereby vacated.
Judge Datuk Duncan Sikodol
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.
Questioned by Rohaiza on the purpose of her bringing the deceased to the palm oil plantation, Nurimah replied, “At that time I was not sure what my real purpose was but he insisted on us to remarry and asked for a family guardian, so I didn’t know what to do and we argued in the car.”
The witness also said that on Jan 12, 2023, the deceased called and asked to meet up, to return the phone that he took from her on Jan 9 at a club in Lahad Datu.
“He also begged for reconciliation and wanted us to remarry. I agreed and suggested that we go to Tawau. We arrived in Tawau on Jan 12 and the next day, the deceased took me out to buy a wedding dress and a ring,” said Nurimah who was married to Nurman in 2017 before divorcing in 2021.
When asked by Rohaiza about the relationship between the witness and Nurman after the divorce, the woman replied, “Our relationship was not good and after the divorce, Nurman still followed me wherever I work.—