TAWAU – In a shocking turn of events, the high court here today freed former ESSCom chief of intelligence Datuk Mat Zaki Md Zain and seven others of murder and conspiracy charges in the murder trial involving e-hailing driver, Nurman Bakaratu, after his ex-wife confessed to killing him.
Deputy public prosecutor Khairul Azreem Mamat informed the court that they were dropping the case in accordance with Section 254 of the Criminal Procedure Code following their key witness Nurimah Juli’s testimony that she had killed Nurman.
Nurimah confessed to killing her ex-husband in the white Perodua Myvi they were travelling in when it stopped at an oil palm plantation on January 13, 2023, during her testimony.
“In view of the decision of the prosecution, I order that all eight accused persons be discharged and acquitted. All the remaining trial dates are hereby vacated,” said judge Datuk Duncan Sikodol.
The accused were Mat Zaki, 59, six police personnel, Rosdi Rastam, 45, Denis Anit, 45, Fabian Rungam, 44, Khairul Azman Bakar, 47, Mohd Azlan Sakaran, 40, John Kennedy Sanggah, 44, and a civilian, Vivien Fabian, 34.
Following the testimony of the 23rd prosecution witness, Rosdi’s lawyer Datuk Ansari Abdullah applied for his client to be released and acquitted from the charges.
“My client has been detained for almost a year in prison and a total of 23 prosecution witnesses have testified since January 2,” he submitted.
Mat Zaki, John, Vivian, Khairul Azman, and Azlan’s lawyer, Datuk Ram Singh, requested a full release for his five clients.
Similarly, Dennis and Fabian’s lawyers, Luke Ressa Balang and Mohamad Zairi Zainal Abidin, respectively, also sought the court’s release for their clients.
Six police officers and a civilian were accused of killing Nurman in an oil palm plantation near Jalan Anjur Juara, off Jalan Apas Batu 5 here between 7.30 and 11.30pm on January 13, last year.
On January 30 last year, Nurimah, 33, was charged with the murder of Nurman at the magistrates’ court here.
However, on February 8, 2023, the same court released her from the murder charge and she became the prosecution’s witness.
Mat Zaki, Rosdi, Denis, Fabian, Khairul Azman, Azlan, and Vivien were brought before the magistrates’ court here on the same day.
John Kennedy was initially a prosecution witness but on April 11, 2023, he also faced a murder charge alongside the six other men at the magistrates’ court.
After the court freed the men, their family members in the public gallery rushed over to hug them in tears.
Outside the courtroom, members of the accused’s families also cried after hearing the decision in their favour.
Meanwhile, Mat Zaki considered today’s decision a proof of God’s just power.
“I am grateful to my family, ESSCom commander Victor Sanjos for our welfare, and everyone who supported us during our time in prison. Today, God has shown his mercy. The witness confessed even before the lawyer cross-examined.
“Exactly one year in prison and in the final year of my retirement which is in 14 days, the truth is revealed… today it is exactly one year after (my) arrest on January 25 last year. And released on the same date this year,” he said. – January 25, 2024