By : SURAINI ANDOKONG.
KOTA KINABALU: The trial of
a Pakistani trader accused of causing the death of a local girl in Kota Marudu,
took a twist yesterday when her father said he wanted to withdraw his police
report pertaining to her daughter’s death.
Saliwa Madaya, 58, told Sessions
Court judge Duncan Sikodol that initially he did not know that this case was
brought to the court for the purpose of charging Amir Ali Khan Nawaty with
causing the death of his 16-year-old daughter, Norikoh Saliwa.
The 40-year-old Amir, who is
defended by counsel Rakhbir Singh, allegedly committed the offence on a moving
lorry at Jalan KM2.8 Langkon from Kota Marudu between 11am and 12.30pm on Nov
25, 2012.
He was charged under Section
304 (b) of the Penal Code, which provides for a jail term of up to 10 years or
with a fine or with both on conviction.
“I have no knowledge that
this case will be brought to court for trial. I came to know this when a
teacher by the name of Ernie, who took care of my daughter (Norikoh), told me
that this case had been brought to court,” he testified during
examination-in-chief by deputy public prosecutor Raja Zaizul Faridah Raja
Zaharuddin.
He said even if he could
afford to proceed with this case, he would never bring this case to court as he
felt bad when people kept talking about his daughter who had passed away eight
months ago.
“At first, our family felt
so devastated over the death of our youngest daughter Norikoh, but now, I feel
that with this trial it does not to lessen my burden but instead I need to
travel from Kota Marudu to Kota Kinabalu, to attend court proceedings,” said
Saliwa, who earns a living as a farmer in his village.
To a question from Raja
Zaizul Faridah, Saliwa pleaded with the court to free Amir of the charge but
with condition.
“Earlier, I did mention that
I’m urging the court to free the accused but with the condition that he must
pay me compensation as well as cost of repairing Norikoh’s grave,” he said,
adding that Amir had paid him a sum of RM5,000.
Saliwa said no one had
forced him to withdraw his report over Norikoh’s death.
When the court proceedings
resumed at 2pm, counsel Peter Marajin, who holds a watching brief for the
victim’s family, told the court that before hearing resumed in the afternoon,
he had met with Saliwa outside the court premises in the presence of two other
persons.
Marajin said Saliwa told him
that the brother of the accused went to see him (Saliwa) and discussed about
out-of-court settlement.
He said Saliwa told him that
he (Saliwa) wanted a RM100,000 compensation but the family of the accused could
not agree with the amount, and offered RM25,000, of which RM5,000 had already
been paid to Saliwa.
He said Saliwa also told him
that the remaining RM20,000 would be paid to Saliwa upon the termination of the
case, but Saliwa needed to write a letter to agree with this settlement and to
lodge a report to withdraw the police report on his daughter’s death.
Marajin however contended
that Saliwa, who was still in the witness stand, was not telling the truth, and
he urged the court to proceed with the trial in favour of justice.
In reply, Raja Zaizul
Faridah said the prosecution had no knowledge about the monetary settlement
between Saliwa and the accused’s brother.
She said they had called
Saliwa to testify and it was the court’s jurisdiction to decide whether the
witness was telling the truth or not.
She confirmed that the
deputy public prosecutor here had received the police report lodged by Saliwa
to withdraw his report on Norikoh’s death.
“But according to
procedures, we have to wait for instructions from our headquarters, and so far
we have not received any reply from our superiors,” she said, adding that the
purpose of calling Saliwa to testify was because the prosecution had received
the report lodged by Saliwa.
Meanwhile, the counsel for
the accused said that since the report was lodged more than two weeks ago, if
Marajin felt that Saliwa’s evidence was false, he should lodge a report
regarding the alleged monetary settlement.
Rakbhir said the police
report lodged by Saliwa to withdraw his report on Norikoh’s death had also been
tendered in court.
Raja Zaizul Faridah, who was
assisted by deputy public prosecutor Afzan Abd Kahar, had so far called 24
witnesses since the trial commenced on Feb 7. (BP)
The trial continues today.
seronok wooo kalau ada d duit banyak d sabah. .. kasi mati urang bayar saja duit nda payah kena penjara. .. amput sumandak sabah bayar saja 5000 abis crita. .. betul betul ini negeri lanun sama prrumpak. .. teda kisah tu undang undang. . yg penting ada tusinnnnnnn. .. bikin maluuuuu. . munyet lg bagus baaaa
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