KOTA KINABALU (May 25): The High Court here on Thursday was told that there was only presence of acetaminophen or paracetamol detected in the urine specimen of a dead inmate.
Mohd Helmi Dullah @ Mohd Rashid told Justice Datuk Christopher Chin Soo Yin that paracetamol is a type of medicine or analgesic which is consumed to relieve pain such as fever or headache.
Under examination-in-chief by the prosecution, the witness testified that no ethyl alcohol was detected in the blood and urine specimens of Shainal Mukhtar.
The witness further said that his analysis for ordinary drugs and ordinary pesticides conducted on Shainal’s blood specimen and stomach contents did not detect any of the substance.
To a question, the witness testified that the analysis was conducted on the exhibit given to him on October 18, 2019.
Mohd Helmi explained that the analysis carried out was to detect the presence of alcohol, ordinary drugs and ordinary pesticides.
“I received one envelope which contained four packets and inside the packets were blood, urine and specimens of stomach contents.
“I did prepare a chemist report regarding the said analysis and the report was made on January 16, 2020,” he said.
The prosecution: Can you explain why it took a long time to prepare the report?
Witness: On October 18, 2019 only description process was carried out, then each analysis was done in stages and each specimen for analysis needed to follow the order with the other cases which I received at the Toxicology Section.
The witness also said that the plastic packets which contained the specimens he received were in good condition, sealed and did not spill.
To another question, the witness testified that there was no other analysis conducted on the specimens.
Meanwhile, under cross examination by counsel Dominic Chew, the witness testified that he was of the view that the results of analysis which he carried out were accurate based on compliance to the storage and the use of preservative on the said specimens.
Counsel: You are not answering my question, my question is … I re-explain to you … Shainal passed away on October 4, 2019, the biological samples of Shainal were taken 10 days after the post-mortem and 13 days after Shainal died, would it be say not accurate toxicology on Shainal?
Witness: I disagree
Counsel: You explained that these samples were kept when handed to the Chemistry Department, but you have no knowledge on how these samples were kept before handed to you. You have no knowledge how Shainal’s body was kept or preserved, you have no knowledge how it was kept by ASP Reduan before it was sent to you. Therefore, would you agree with me that it is not accurate toxicology content of Shainal’s body?
Witness: Correct.
Counsel: Any form of poison in Shainal’s body would have been diminished and dissolved by the time you conducted the analysis after 13 days, am I correct?
Witness: Yes.
Under re-cross examination by the prosecution, the witness was asked why he disagreed to a suggestion by the counsel and explained that from the results of the analysis he conducted he could say was 95 percent accurate because it involved quantitative and qualitative analysis.
“However, the accuracy was also influenced by time period of the samples taken and when the analysis was carried out,” the witness added.
In another development, the prosecution informed the court that the defence raised no objection on calling of two witnesses to be dispensed with.
The prosecution further said that the defence also did not raise any objection on sketch plans of Zon Gemilang, side area space of Zon Gemilang, crime scene cell number 11 and guard room of Zon Gemilang made by the two witnesses be marked as exhibits.
The defence then confirmed that there was no objection raised on the said matters.
The prosecution further applied for the said trial on May 26 (Friday) be vacated since their three subpoenaed witnesses could not make it on Friday and said that they have 10 more witnesses to be called.
The court then adjourned the trial to June 20-22 and vacated the trial day on May 26 at the request of the prosecution.
Prison Inspector Mohd 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, were accused of murdering Shainal, 36, in Gemilang isolation cell number 11, at the Gemilang block at Kota Kinabalu Central Prison at Jalan Kepayan at about 4.20pm between October 2 and 4, 2019.
The nine prison wardens and the senior prison officer, who were represented by counsel PJ Perira, Hairul V Othman and Dominic Chew, were jointly charged under Section 302 of the Penal Code, read together with Section 34 of the same Code.
The indictment provides for the death sentence upon conviction.