
Kota Kinabalu: The case of the ten prison personnel charged with murdering an inmate at Kepayan Prison, two years ago, is set for remention on Dec 16.
High Court Judge Datuk Nurchaya Hj Arshad on Thursday set the date during case management following an application by the prosecution for one month to obtain the deceased’s psychiatric report from the Queen Elizabeth Hospital.
Deputy Public Prosecutor (DPP) Rustam Sanip earlier informed the court that the prosecution had served all documents to the defence except the deceased’s psychiatric report.
Rustam said the issue in regards to the psychiatric report only came to their knowledge on Wednesday when the accused’s counsel required the said report.
The court was informed by the prosecution that based on the deceased’s medical report, he had been reported to the Psychiatric Department of the Queen Elizabeth Hospital prior to his demise.
The 10 accused were prison inspector Dzulfikri Mohd Safri, 28, and wardens Barry Jipmon, 30, Farizan Mokri, 40, Mohd Saiful Saidin, 34, Amran Yasik, 25, Ab Mutalib @ Talib Abd Rasul, 40, Zerry Maidin, 33, Tomy Momoh, 36, Shahryll Nazry Wan Sofian, 25, and Muhammad Fazi Lakui, 32.
They were all jointly accused of murdering one Shainal Mukhtar, 36, in a cell of Gemilang Block, at Kota Kinabalu Central Prison, Jalan Kepayan at 4.30pm, on Oct 4, 2019. The 10 had on Aug 24, 2020 claimed trial to the charge under Section 302 of the Penal Code which carries a death penalty on conviction.
They were ordered to be remanded as the charge against them has no provision for bail.
They were represented by counsel PJ Perira, Hairul V. Othman, and Dominic Chew.
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