PUBLIC PROSECUTOR vs HAIQAL HAFIZIE

JUDGE AFIF SYAIRAZI

INTERPRETER SAIDATINA

PUBLIC PROSECUTOR NUR FARZANA

DEFENSE COUNSEL MUHAMMAD ADIB

WITNESS [Link] HANIS NAJWA

[Link] WAHIDAH
3. HUMAIRAH KHAIRUL
BARIYYAH
[Link] MUIZ
ACCUSED HAIQAL HAFIZIE

BAILIFF MOHAMMAD AZAMUDIN

The audience entered the court

INTREPRETER All Rise the Honourable Afif Syairazi enters the Court'
(All the wise standing (accompanied by the Bailiff) took their
places in the Judge's seat )

INTREPRETER The court is now in session, please sit down

(The audience is seated)

INTREPRETER We will begin the trial of the case Public Prosecutor against Malik
Mat Nor (The accused enters, escorted by the bailiff.) The
prosecution and the defence counsel are requested to be ready.
PUBLIC PROSECUTOR (The prosecutor rises)
I am Nur Farzana Fazil, representing the prosecution on behalf of the
victim, and over there is( Defence Counsel rises) Muhammad Adib
the defence counsel representing Malik Mat Nor from Adib and
associates
(The prosecutor and defence counsel sits down again)
 INTREPRETER This case involves the accused Malik Mat Nor, who accused
under section 304 of the Penal Code for causing the death of a
man named Jamal in Mentari Court Flat, Permatang Badak,
Kuantan on 3 December 2018

ACCUSED Understood (while nodding)

INTREPRETER Do you plead guilty and request to be tried?

ACCUSED I plead not guilty and request to be tried.

JUDGE EXAMINE IN CHIEF
Very well, the prosecution may proceed to the next stage
PUBLIC PROSECUTOR Thank you Allow me to call the first witness, Miss Sally
(Sally moves to the witness stand with Bailiff)

INTERPRETER Miss Sally, Please raise your right hand. I, swear to tell the truth, only
the truth, and nothing but the truth

SALLY 1 I, swear to tell the truth, only the truth, and nothing but the truth

PUBLIC PROSECUTOR Please state your name for the record.

SALLY 1 My name is Siti Saleha binti Ismail

PUBLIC PROSECUTOR Could you briefly explain what happened at that time?

SALLY 1 At 2:30 AM, I felt hungry and went out to buy some food at a nearby
restaurant . When i arrived at the lobby , I walked past the security
post and saw a body lying statically covered in blood . I immediately
called the police to report it .
PUBLIC PROSECUTOR Thank you, Miss Sally. I have no further questions for you currently.

JUDGE Does the defence have any question to the witness?

DEFENSE COUNSEL EXAMINATION CROSS

Yes, Your Honor
(Defence counsel rises)
Miss Sally, you stated before that you saw the body at midnight. Can
you tell us how do you feel at that moment.
WITNESS 1(SALLY) I was so shocked and panicked at the moment .
DEFENSE COUNSEL I see. And after you see the body, you immediately call emergency
services, correct?

WITNESS 1(SALLY) Yes that is right, I was scared, and wanted to get help

DEFENSE COUNSEL Were there any other people around when you found the body?

SALLY 1 No, I didn’t see anyone else at that time

DEFENSE COUNSEL So you were saying that you did not see the accused at the
scene? How can you be sure that the accused kill the victim?
SALLY No, I’m not sure.
DEFENSE COUNSEL Thank you Miss Sally, that would be all you honor.

PUBLIC PROSECUTOR RE-EXAMINE

Miss Sally I would like to re-examine, you mentioned earlier
that you saw the body. Did you see anything that could be
brought as an evidence to the case?
WITNESS 1(SALLY) I was looking around when I saw a security camera outside the
Mentari court , it should serve as evidence .

PUBLIC PROSECUTOR Thank you Miss Sally

PUBLIC PROSECUTOR I want to submit this evidence to the court.

(The prosecutor hands the video recording of the struggle to the
interpreter, who then presents it to the judge)
JUDGE (accepting the video)
The evidence is accepted.

PUBLIC PROSECUTOR Thank you, Your Honor. I have no further questions for Madam Sally at
the time. (PP mark the evidence as P1 facing the judge)
(Sally steps down from the witness stand and the prosecutor sit)

PUBLIC PROSECUTOR EXAMINE IN CHIEF

I would like to call my second witness, Officer Firdaus to the stand.
(Officer Firdaus approaches the witness stand)
INTERPRETER Please raise your right hand, I swear to tell the truth,only the truth,
and nothing but the truth

FIRDAUS 2 I swear to tell the truth, only the truth, and nothing but the truth

PUBLIC PROSECUTOR Officer Firdaus, please state your name and your position for the
record.

FIRDAUS 2 My name is Firdaus bin Ahmad, I am a Forensic DNA Analyst at the

Forensic Department in Kuantan, Pahang.
 PUBLIC PROSECUTOR Thank you, Officer Firdaus. Can you explain what you discovered at
the crime scene?

WITNESS 2(ASP FIRDAUS) During our arrest, we found a blue helmet with a trace of blood
and a fingerprint. The blood belonged to the victim, Jamal and
the fingerprint belonged to the accused.
PUBLIC PROSECUTOR Thank you, Officer Firdaus, I believe this helmet was used by the
accused to attack the victim. I would like to submit the helmet as a
piece of evidence.
(The prosecutor hands the helmet to the bailiff, who presents it to the
interpreter and gives to the judge)
JUDGE The evidence is accepted.

PUBLIC PROSECUTOR I also have the DNA report from the lab as an evidence to proves the
owner of the blood and fingerprint. (The prosecutor submits the DNA
report to the bailiff, who presents it to the interpreter and gives it to
the judge)
JUDGE The evidence is accepted

DEFENSE COUNSEL EXAMINATION CROSS

Allow me to Cross-Examination Your Honor, Officer Firdaus, you
mentioned finding the fingerprint belonged to the accused, is it
possible that his DNA could belong to someone other the accused?
WITNESS 2(ASP FIRDAUS) No, it is not possible at all.

DEFENSE COUNSEL ASP Firdaus, are you sure the DNA report are not fabricated?

WITNESS 2(ASP FIRDAUS) Yes, I’m sure it is not fabricated since I run the DNA test myself.

PUBLIC PROSECUTOR RE-EXAMINE

ASP Firdaus, as you examine the victims body, have you find
anything?
WITNESS 2(ASP FIRDAUS) Yes, I found a bloodstain at the victim’s nail which was belonged
to the accused.
PUBLIC PROSECUTOR How did you conclude that it was belong to the accused?

WITNESS 2(ASP FIRDAUS) I run a DNA test to the bloodstain and it matched the accused's
DNA report.
PUBLIC PROSECUTOR (The prosecutor hands the DNA report to the bailiff)

JUDGE The evidence is accepted (Prosecutor mark the evidence)

PUBLIC PROSECUTOR EXAMINE IN CHIEF
Allow me to call the third witness, Miss Siti
(Siti moves to the witness stand with Bailiff)
INTERPRETER Please raise your right hand, I swear to tell the truth, only the truth,
and nothing but the truth

SITI 3 I swear to tell the truth, only the truth, and nothing but the truth

PUBLIC PROSECUTOR Miss Siti, please state your name and your position for the record.

WITNESS 3(SITI) My name is Siti Aisyah binti Sulaiman and I work as a pathologist at
Hospital Tengku Ampuan Afzan Kuantan, Pahang

PUBLIC PROSECUTOR Can you explain the injuries sustained by the victim?

WITNESS 3(SITI) Yes, what we can conclude from the autopsy is that the injuries
sustained by the victim are quite critical, and there are also
signs of struggle, such as bruises and impacts on the victim's
body
DEFENSE COUNSEL EXAMINATION CROSS
Miss Siti, is it possible for a person to die from another health
conditions and not from the current injuries?
WITNESS 3(SITI) Yes it is possible for the victim to die from a heart attack which are not
related to external injuries.

DEFENSE COUNSEL I understand miss, thank you. This proves that we are yet to confirm
that the accused are gulty.

WITNESS 3(SITI) You're welcome

PUBLIC PROSECUTOR RE-EXAMINE

Miss Siti, you were the pathologist whose in charge in the autopsy of
the victim right?
WITNESS 3(SITI) Yes, I am the one who perform the autopsy to find the cause of death to
the victim. The examination is carried out as soon as possible after death

PUBLIC PROSECUTOR Alright, could you briefly explain the victim's condition and
cause of death?
WITNESS 3(SITI) The victim was found dead at the scene upon the arrival of the
police. The autopsy results indicate that the victim suffered
severe head injuries due to multiple strong blows, resulting in
fractures and significant bleeding. The victim, who was found
late, was confirmed to be brain dead, with other organs failing
to function, which ultimately led to the cause of death. I am also
attaching the victim's medical report as evidence.
PUBLIC PROSECUTOR Miss Siti, did the victim have other health condition that could
cause his death?
WITNESS 3 No, the victim’s medical report shows that the victim are
completely healthy.

PUBLIC PROSECUTOR That would be all, your honor.

PUBLIC PROSECUTOR EXAMINE IN CHIEF

Allow me to call a witness for the defence, Miss Hasmira)
(Hasmira moves to the witness stand with Bailiff)
INTERPRETER Madam Hasmira, please raise your right hand. I, swear to tell the
truth, only the truth, and nothing but the truth.

HASMIRA 4 Yes. I do

PUBLIC PROSECUTOR Could you please tell us when accused arrived at the workplace?

WITNESS 4(HASMIRA) I encountered the accused while i was about to thumb print around
12:20 am. At the same time the accused was about to punch in, as he
were scheduled for the night shift that day
PUBLIC PROSECUTOR Are you confident in your testimony

WITNESS 4(HASMIRA) Truly, i testify that the accused reported for work at that time and
didn't go anywhere

DEFENSE COUNSEL EXAMINATION CROSS

Based on your testimony, I can say that it is true, considering
you are a witness who personally saw the accused at their
workplace.
WITNESS 4(HASMIRA) Very wells, thank you for your support

DEFENSE COUNSEL To further substantiate the testimony, please download the

CCTV footage
WITNESS 4(HASMIRA) (The Defense counsel hands the CCTV record to the bailiff, who
presents it to the interpreter and gives to the judge)
I agree with your opinion, Sir, no problem... the evidence is in
my possession."

PUBLIC PROSECUTOR RE-EXAMINE

Hasmira, are you confident that only this short video is enough
to further substantiate your testimony?
WITNESS 4(HASMIRA) Yes, I am confident because the recording includes the date and
time of the incident.
 PUBLIC PROSECUTOR There is no issue with the date and time; it is just a punch card,
whereas the accused could go anywhere after clocking out.
WITNESS 4(HASMIRA) I'm sorry, Sir, that's all I know, and I am not sure what happened
next... (confused face).
PUBLIC PROSECUTOR That’s all the question i have, thank you
(The witness may return to their seat)

CLOSING STATEMENT

JUDGE Both parties may now present their respective submissions

PUBLIC PROSECUTOR very well, Your Honour. Permit me to charge Mat Nor under
Section 304 of the Penal Code for causing the death of Jamal.
The primary evidence includes CCTV footage, fingerprints on
the helmet, and blood traces under the victim’s nails that match
the accused’s DNA. The pathologist also confirmed that the
victim’s head injury was caused by the impact of the accused’s
helmet, based on the case of Public Prosecutor vs Syahril Razali,
where the accused unintentionally killed his girlfriend at the
scene.
DEFENSE COUNSEL The accused is not guilty, providing an alibi that he was at work
during the incident, supported by CCTV footage, and there is a
possibility that it was not the accused.

JUDGE DECISION

JUDGE Having heard arguments from both sides, the court concludes
that the DNA evidence and CCTV footage presented by the
prosecution are sufficient to prove that the accused, Mat Nor, was
involved in the victim's death. Therefore, the accused is found
guilty under Section 304 of the Penal Code.
(Gavel strikes twice) and the judge exits.

INTREPRETER Court is now adjourned. All Rise