
Kota Kinabalu: The High Court during the trial of 10 prison personnel charged with murdering an inmate at Kepayan Prison was told that the inmate was normal and gave a good response while in the neurosurgery ward at Queen Elizabeth Hospital 1, on Oct 2, 2019.
Neurosurgeon consultant Dr Ananda Arumugam, 49, who testified before Judge Datuk Christopher Chin Soo Yin as the prosecution’s 27th witness in his witness statement said that while doing a morning round to monitor and examine each patient on Oct 2, 2019, he found a patient, Shainal Mokhtar, giving good response when asked and has no complaints from him.
Dr Ananda stated that through his observation, Shainal, who was warded on Oct 1, was in a normal state, gave good response and not weak.
The witness added that he noticed the patient’s hand was handcuffed.
SPONSORED CONTENT Daily Express members: Enjoy 1 for 1 signature cocktails and more at Hyatt Centric Kota Kinabalu Kota Kinabalu: DAILY EXPRESS is partnering with Hyatt Centric Kota Kinabalu to offer an exclusive deal for our members. Read more Dr Ananda said he knew the patient from the file and that Shainal was having mild traumatic brain injury with a left tentoral bleed and had a seizure history.
During his stay in the neurosurgery ward, the patient did not experience seizures, delirium or fever as in the patient's note file, said the witness.
Dr Ananda said a doctor had carried out a diagnosis on Shainal and confirmed that Shainal was having mild traumatic brain injury with a left tentoral bleed which treatment does not need to be rushed.
The witness stated that the patient only needed to be monitored in the ward to ensure that the patient did not vomit, have seizure or headache.
To a question, Dr Ananda said mild traumatic brain injury with a left tentoral bleed is also known as cerebral concussion.
He added that on his clinical examination, he saw the patient was well, oriented to place and time and did not complain of headache or vomiting or not even restlessness and that was why he could be observed.
The witness also added that he did not see any injury on Shainal and that he was fully conscious.
"I did not give any treatment to the patient because he was under the care of a doctor and according to a record, the patient was given a review date in two weeks on Oct 31, 2019, said the witness.
He also stated that Shainal was allowed to be discharged because he was healthy and only needed to be monitored through appointments.
To another question, the witness said when Shainal was discharged, his situation was not life-threatening.
To a question by the court whether his diagnosis agreed with a medical officer in Kota Belud who suspected Shainal to be suffering from viral meningitis, the witness answered: "No".
Court: Would a patient with viral meningitis be likely or possible to suffer behavioural changes?
Witness: Yes.
Court: Based on your testimony just now, is it true that Shainal upon being discharged will look and behave completely normal with no external manifestation of his concussion injury?
Witness: Yes, correct.
Court: Would medication be prescribed for this kind of concussion suffered by Shainal?
Witness: He did not vomit or has headache and as such, does not require.
Court: In your opinion, is it possible for a patient suffering mild concussion such as Shainal subsequently display behaviour changes?
Witness: No
On trial were Barry Jipmon, 30, Mohd Dzulfikri Mohd Safri, 28, 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 cell number 11, Gemilang Block, at Kota Kinabalu Central Prison, Jalan Kepayan near here at 4.20pm, between Oct 2 and Oct 4, 2019.
The 10 accused had on Aug 24, 2020 claimed trial to the charge under Section 302 of the Penal Code carries a death penalty, on conviction.
Counsel Hairul V. Othman: You mentioned to the court just now that a patient with brain injury would be given advice. Was the patient given advice before he was discharged?
Witness: Yes.
Counsel: You mentioned just now if a patient suffered any injury to the head, it would be a multiple blunt trauma and do you agree that if the patient suffered just one hard blow which is a hard knock to the head, which was either caused by an assault or self-inflicted knock, can it cause death to the patient?
Witness: Yes, possible.
Counsel: Do you agree that the symptoms of a brain injury could come later after he was discharged and that was why he was given a review date in two weeks?
Witness: Yes.
Counsel: Do you agree that this symptom might come earlier than one or two weeks?
Witness: Yes.
State Director of Prosecution, Mohd Taufik Mohd @ Mohd Yusoff, Deputy Public Prosecutors Rustam Sanip and Bryan Francis appeared for the prosecution.
Counsel PJ Perira, Chew and Ariel Dasan represented Dzulfikri, Farizan, Saiful, Mutalib and Zerry while Hairul defended Barry, Amran, Tommy, Shahryll and Fazi. Trial was adjourned to Oct 9.
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