Accused has no recollection of e-hailing driver murder
KOTA KINABALU: The High Court here on Friday heard that a 23-year-old foreign man, who was charged with murdering an e-hailing driver, had no recollection on the murder allegedly happened five years ago.
Arsit Indanan, who was testifying before Justice Leonard David Shim, could not remember most of the events that had allegedly happened on that day.
During examination-in-chief for his defence by Mohd Ari Nadzrah Abd Rahman, who was a government-assigned counsel, the first and sole defence witness testified that “I don’t remember” when he was asked what happened when he was on the way to Tuaran.
Counsel: What had happened when you reached Tuaran?
Arsit: I don’t remember
Counsel: Upon reaching Kampung Marabahai in Tuaran, can you recall what had happened?
Arsit: I don’t remember.
Counsel: What did you recall after you ordered the Grab car on May 25, 2019?
Arsit: I don’t remember.
Counsel: Did you emerge from the car at Kampung Marabahai when you booked the Grab?
Arsit: I don’t remember.
Muhammad Hanafiee Jaffar, 27, was allegedly killed by Arsit inside a car at the roadside of Jalan Marabahai in Tuaran between 4am and 5am on May 25, 2019.
The undocumented accused was charged under Section 302 of the Penal Code, which provides for the mandatory death sentence upon conviction.
Arsit testified in Suluk and opted to give sworn evidence for his defence.
To a question, the accused testified that he did take alcoholic drink before the alleged incident.
He also testified that he was drunk that night and he could only remember on that night he went out for walk at a beach at Teluk Likas.
Previously, Arsit was jointly charged with his friend Amru Al Asy Japri, 27, who both took the Grab ride during the alleged incident.
However, on January 31, 2023, Amru was given a discharge not amounting to an acquittal by the same court from the murder charge.
Amru had written a representation letter through his lawyers to the deputy public prosecutor’s office and it was accepted.
Amru had then became the first witness to testify against Arsit in the prosecution stage trial.
The prosecution had succeeded to establish a prima facie case against Arsit, who was then called to answer his defence.
To another question by his lawyer, Arsit testified that a friend with him that night was Amru.
Arsit testified that Amru did not say anything to him regarding he (Arsit) had allegedly murdered the Grab driver.
Counsel: Upon reaching Kampung Marabahai, did you see Amru go out from the car?
Arsit: Yes.
Counsel: What did Amru do that, that he went out from the car?
Arsit: I don’t remember.
Counsel: When you saw Amru go out from the car, did you also go out from the car?
Arsit: Amru went out first and I just sat inside the car.
Counsel: So, you were still inside the car, what did you do inside the car?
Arsit: I did not do anything.
Counsel: Did you do anything to the Grab driver?
Arsit: No, I did not do anything to him.
Counsel: Do you know the Grab driver?
Arsit: No.
Counsel: Did Amru fight with the Grab driver?
Arsit: No.
To another question, Arsit also testified that he was sleeping inside the car and he was not aware if Amru was with the Grab driver.
Arsit also said that he did not see the driver was murdered.
“I only saw that the Grab driver sit at the passenger seat. I don’t know if the Grab driver was still alive or not and at that time I was at the back seat,” he said.
The prosecution had called 23 witnesses to testify against Arsit since the trial commenced on May 8, 2023.
The court fixed March 19 for clarification of submissions from both the prosecution and the defence.
Arsit is currently detained in custody pending disposal of his case.