Court frees accused after wife of deceased confesses
In a shocking turn of events, the High Court here yesterday freed former ESSCom chief of intelligence Datuk Mat Zaki Md Zain and seven others of murder and conspiracy charges in the murder trial involving ehailing driver Nurman Bakaratu, after the deceased’s ex-wife 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.
During her testimony, Nurimah confessed to stabbing her ex-husband with a pair of scissors in the white Myvi car they were traveling in when it stopped at a palm oil plantation on Jan 13, 2023.
“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, police personnel Rosdi Rastam, 45, Denis Anit, 45, Fabian Rungam, 44, Khairul Azman Bakar, 47, Mohd Azlan Sakaran, 40, John Kennedy Sanggah, 44, and 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 said.
Lawyer Datuk Ram Singh representing Mat Zaki, John, Vivien, Khairul Azman and Mohd Azlan also 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 release of their clients.
The six policemen and Vivien were accused of killing Nurman in 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.
On Jan 30 last year, Nurimah, 33, was charged with the murder of Nurman at the Magistrates’ 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 Magistrates’ Court here on the same day.
John was initially a prosecution witness but on April 11, 2023, he also faced a murder charge alongside the six other men at the Magistrates’ Court.
After the court freed the men, tearful family members in the public gallery rushed over to hug them.
Outside the courtroom, other members of the accused’s family also cried after hearing the decision in their favour. Meanwhile, Mat Zaki told Bernama that he considered yesterday’s decision proof of God’s just power.
“I am grateful to my family, ESSCom commander Victor Sanjos and everyone who supported us during our time in prison.
“Today, God has shown His mercy. The witness confessed even before the lawyer crossexamined.
“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.