Murder at Kepayan Prison: Inmate dead when taken to prison clinic

18 May 2023 • 12:40 PM MYT
Daily Express
Daily Express

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Kota Kinabalu: A prosecution witness in the trial of 10 prison personnel charged with murdering an inmate at Kepayan Prison four years ago, told the High Court that the inmate had no pulse and was not breathing when he checked his pulse at the Kota Kinabalu Central Prison clinic on Oct 4, 2019.

Mohd Azlan Mohd Rani, the 10th witness, a medical assistant currently attached to the Semporna Health Clinic informed Judge Datuk Christopher Chin that he was attached to the Kota Kinabalu Central Prison clinic from July 2013 until April 2022.

Azlan on Wednesday stated in his witness statement that at 3pm on Oct 4, 2019 he got a report that Shainal Mukhtar passed out in his cell and saw him being placed in a wheelchair pushed by another inmate. He saw Shainal unconscious when taken to the treatment room.

Azlan said Shainal was then laid on the treatment bed and he checked his pulse and found it was gone and not breathing.

SPONSORED CONTENT Firefly’s inaugural flight to Sandakan SANDAKAN: Firefly, the low-cost carrier subsidiary of Malaysia Airlines; made its inaugural flight from Kota Kinabalu to Sandakan on Tuesday. Read more Azlan added that when his colleague, medical assistant Mohd Azhahari opened Shainal’s mouth to insert the Ambu bag, he saw a piece of bread in the mouth.

Azlan said he then performed Cardiopulmonary Resuscitation (CPR) on Shainal and a piece of bread came out from his mouth.

The witness stated that Shainal had a bruise on his right eye, a wound on his left cheek and that both hands and feet looked blue, possibly because of lack of oxygen.

He added that Shainal never sought treatment at the prison clinic regarding injuries to his eyes and cheeks.

Azlan said while undergoing CPR treatment at 3.05pm, he did ask Sergeant Mahat to call an ambulance but was informed that a prison officer did not want to do so.

The witness also stated that he and his colleague and a driver, a prison officer and a prison warden then sent Shainal to Queen Elizabeth Hospital in a prison vehicle.

Earlier, Azlan stated that at 3.30pm on Oct 2, 2019 while on duty at the prison clinic, he found out that Shainal had been admitted to the clinic and while there, he was shaking the iron door and shouting “tembakau” (tobacco) and that he saw Shainal from a distance of 10 to 15 meters.

The witness stated that he then filled in a form to remove Shainal from the prison clinic cell for making noise and that at 4.10pm the same day, he saw Shainal in the waiting room of the clinic, adding that he did not notice if Shainal had any wounds or bruises on his body because he did not examine Shainal and that only the doctor would examine newly admitted patients.

When asked by the prosecution about Shainal’s condition while in the prison clinic, Azlan said inmates in another cell complained that Shainal was always disturbing others and making noise.

To a question, the witness said he only knew the next day that Shainal was placed at Gemilang block.

To another question, Azlan said before Oct 2, 2019, Shainal had other health problems and received the usual treatment such as fever, cough and flu.

Reading out Shainal’s health record Azlan said Shainal received treatments on his lips on May 7, 2018, fever on Jan 2, 2019, allergic on Jan 23, 2019, allergic on May 15, 2019, eye infection on May 30, 2019, injuries from making noise and shaking the door and was isolated to Gemilang Block on Oct 2, 2019 and on Oct 4, 2019 he was brought in unconscious.

On trial 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 Shainal, 36, in cell number 11, Gemilang Block, at Kota Kinabalu Central Prison, 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 which carries a death penalty, on conviction.

Meanwhile, the prosecution’s ninth witness, medical officer Mohammad Aiman Mohd Mahdi, told the court that his brief final diagnosis of Shainal he was discharged was mild traumatic injury with left fontanel subdural haemorrhage on Oct 2, 2019.

Aiman, currently attached to the Neurosurgery department at Sultanah Bahiyah Hospital in Alor Setar, Kedah testified that before that he served in the Department of Neurosurgery at Queen Elizabeth Hospital 1 from 2018 until 2021.

Aiman testified that on Oct 2, 2019, he issued a discharge note to Shainal.

Aiman added that he was not the one who treated Shainal.

The witness read out the details in the discharge note that the patient was allowed to be discharged and to have an appointment with the neurosurgery clinic in a month and also encourage fluid intake.

Aiman explained briefly the final diagnosis on Shainal as mild traumatic brain injury with left fontanel subdural haemorrhage.

Director of Prosecution Sabah Muhammad Ilmami Ahmad together with Deputy Public Prosecutors Rustam Sanip, Nur Faezah Jafry and Mas Izzaty Lokman appeared for the prosecution.

Counsel PJ Perira and Dominic Chew represented Dzulfikri, Farizan, Saiful, Mutalib and Zerry while counsel Hairul Vaiyron Othman for Barry, Amran, Tommy, Shahryll and Fazi. Trial continues.

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