Death of inmate in Kota Kinabalu: High Court frees five prison personnel from murder charge, fines another five

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KOTA KINABALU, Oct 26 — Five prison personnel escaped the capital punishment after the High Court here on Thursday freed them from a murder charge while the other five personnel...

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The judge further ruled that thirdly, any prisoner stepping out of line will be dealt with severely and not surprisingly physically, so that the wardens are always kept on top of any situation.“This court does not and will not condone any form of unwarranted or unlawful violence committed on a prisoner but also cannot at the same time be blind to the circumstances existing in our over-crowded prisons.

“That the victim was suffering from Viral Meningitis as diagnosed by third prosecution witness Dr Rahimah Rasali in the Kota Belud Hospital on September 30, 2019, four days before his demise,” he said. Owing to the manner in which the victim was discharged from QEH1, no one in Kepayan Prison knew that the victim had Viral Meningitis nor that he would suffer behavioural changes to his character;

The victim was assaulted by prison wardens to discipline him owing to what they perceived as the victim’s aggression and misbehaviour; Owing to the blows to the head received by the victim in an act of disciplinary action by the wardens, the victim’s brain condition was severely aggravated resulting in his death, this is confirmed by the cause of death in the post-mortem report of PW28 Dr Murali.

“Her suspicions as to the ailment plaguing the victim was not confirmed by the Neurology Ward of QEH1 but ultimately confirmed by PW28 Dr Murali, the forensic pathologist in his post-mortem report. “On October 2, 2019, two days before he died, the victim was noted by 26th prosecution witness an investigation officer of this case as disturbing other inmates, making noise, did not give full cooperation resulting in the decision to have the victim physically restrained by causing him to wear a straitjacket and placed in the isolation cell.

However, Chin said that the court cannot be blind to the fact that the victim had died and the blows he received, which were intended to discipline the victim eventually led to his death as discussed above. “PW25 is himself charged with the murder of a Grab driver. Just before he gave evidence before me I was alerted and cautioned by the court staff of his erratic and unstable behaviour during his murder trial in a neighbouring courtroom.

 

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