Sharp force injury cause of e-hailing driver’s death, pathologist tells court

TAWAU: A forensic pathologist testified at the High Court here yesterday that the cause of death of e-hailing driver Nurman Bakaratu was a sharp force injury to the neck.

Dr Muhammad Uzair Ahmad Suriani, 37, from the Department of Forensic Medicine, Queen Elizabeth Hospital, Kota Kinabalu, who conducted the autopsy on the deceased on Jan 18, 2023, said there were 21 injuries on the body.

“Based on the 21 injuries on the deceased’s body, a 9cm slash on the left side of the neck caused his death.

“This injury severed the main structure of the neck, namely the left jugular vein, the left carotid artery, and the cricoid cartilage,” he said on the seventh day of the trial before Judge Datuk Duncan Sikodol.

In the dock are eight accused, namely Eastern Sabah Security Command’s (ESSCom) former chief of intelligence staff Datuk Mat Zaki Md Zain, six policemen, and one 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 accused of killing Nurman at an oil palm plantation near Jalan Anjur Juara, off Jalan Apas Batu 5 here between 7.30pm and 11.30pm on Jan 13 last year.

They were charged under Section 302 of the Penal Code which is punishable by the death penalty or imprisonment of between 30 and 40 years, and not less than 12 strokes of the cane, upon conviction.

Mat Zaki, 59, is facing two charges of abetting to kill Nurman under Section 109 of the Penal Code, read with Section 302 of the same Code.

During the examination-inchief by deputy public prosecutor Mohammad Fakhrurrazi Ahmad as to whether the injury on the neck is usually enough to cause death, Dr Muhammad Uzair replied, “Enough”.

Mohammad Fakhrurrazi: In your opinion, can a person with such an injury on the neck be saved if given immediate treatment?

Dr Muhammad Uzair: In my opinion, because this injury had severed the blood vessels in the neck, he cannot be saved.

Mohammad Fakhrurrazi: Despite being given immediate treatment?

Dr Muhammad Uzair: That’s right.

Earlier, the 19th prosecution witness confirmed that the deceased was Nurman Bakaratu based on fingerprint analysis and comparison of the deoxyribonucleic acid (DNA) profile with his daughter.

According to Dr Muhammad Uzair, the injuries on the deceased’s right arm, back of the left hand, and left palm were consistent with the injuries sustained prior to death.

“The injury to the hand is consistent with self-defence against a sharp object,” he confirmed.

Responding to crossexamination by Rosdi’s lawyer Datuk Ansari Abdullah, Dr Muhammad Uzair said the weapons used had sharp blades such as knives, scissors, and so on.

Questioned on the date of the deceased’s death, the witness said the estimated period was between four and six days from the date of the autopsy on Jan 18 last year.

Answering a question from lawyer Datuk Ram Singh representing Mat Zaki and four other accused, Dr Muhammad Uzair said the injury to the main blood vessel on the left of the deceased’s neck could cause severe bleeding and result in a quick death.

“The injury on the left side of the deceased’s neck could have caused him to become weak and listless. However, it did not cause immediate death, but it was quick,” the witness added.