Amir with his counsel Rakhbir outside the courtroom yesterday.
KOTA KINABALU: The trial of a Pakistani trader who was charged with causing the death of a 16-year-old Kota Marudu girl, commenced at the Sessions Court here yesterday.
Amir Ali Khan Nawaty, 40, who was brought before judge Duncan Sikodol was charged under Section 304 (b) of the Penal Code with committing culpable homicide not amounting to the murder of Norikoh Saliwa inside a moving lorry along Jalan Km 2.8 Langkon from Kota Marudu, between 11am and 12.30pm, on November 25, 2012.
Under the provision which carries a maximum jail of 10 years or with a fine or both, it describes that if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.
The prosecution’s first witness, a private doctor based in Kota Marudu, Voo Kiau Moi @ Voo Kon Far, 60, told the court that he heard the people who were at the crime scene talk about whether Norikoh’s body was thrown off from a lorry or fell from it.
Voo was heading to Kudat from his home about 1pm when he saw the victim’s body lying on the ground just after he passed Goshen township.
“I saw some eight cars parked by the roadside near the area; I thought it was an accident and I intended to help,” he said during examination-in-chief by deputy public prosecutor (DPP) Afzan Abd Kahar.
Voo then explained that he saw a girl’s body lying face down and there were 10 other civilians there.
“The other civilians who were there had done nothing to help the girl but there was a policeman who instructed the people not to disturb the crime scene because it involved the police,” said Voo.
In recalling what had happened at the scene, he explained that he did not care what was instructed by the police at that time and went in to check whether the girl was still alive or not.
“I conducted a check on the girl even though I did not produce any document to convince the police that I’m a doctor,” said Voo, who has been operating his own clinic in Kota Marudu since 1991.
To a question by Afzan, Voo said he saw an injury on the victim’s head; he then checked her pulse and chest.
“The girl did not respond and I did not feel her pulse on the neck; her body was also cold,” Voo said, adding that Norikoh’s clothes were in good condition as well as her shoes.
DPP Raja Zaizul Faridah Raja Zaharuddin also appeared for the prosecution, while counsel Rakhbir Singh acted for the accused. Counsel Peter Marajin held a watching brief for the victim’s family.