Witness credibility in doubt

THE High Court yesterday again adjourned the trial of four police officers who stand accused of causing the death of a man in policy custody after a prosecution witness began complaining of dizziness during cross-examination for the second successive day.

Prosecution witness Mohd Saiful said he experiences frequent bouts of giddiness and dizziness due to a blood clot in his brain, which was the result of a bicycle accident years ago.

However, when the witness excused himself from court Wednesday, a doctor could not find anything to warrant a medical certificate.

Mohd Saiful is testifying against two of the defendants as an eyewitness of the alleged assault, which claimed the life of Abdul Rahim Abdullah @ Tan Tong Hock.

Mohd Saiful admitted that he may be prone to giving inaccurate answers during questioning because of his condition.

"I can only give evidence to what I can manage and I am not used to cold rooms (referring to the chilliness of the courtroom) because it aggravates the pain caused by my headaches," he said.

Defence Counsel Yusof Halim, not satisfied with the witness's credibility, asked, "When posed with difficult questions will you always find some illness (to excuse yourself)?", to which the witness answered "yes".

"You want some time to think of how to answer the question, an answer that will not get you in trouble?" pressed the defence counsel.

"Yes," replied Mohd Saiful, adding that he sometimes has difficulty with his memory.

In spite of this admission, the witness said that all the information he had given the police was true because he took his medication before submitting to questioning by police.

Defence counsel Yusof pointed out that when the witness was interrogated by police over a series of robberies, he told them that he sold the gold jewellery he had stolen to two goldsmiths in the capital, who subsequently denied ever meeting him or buying gold from him.

Yusof Halim then continued to refer to a series of inconsistencies in the witness's evidence, pointing out that he confessed five thefts to the police on the night of the alleged assault, but later told the court he only confessed to three.

At which point the witness broke down under the rigorous cross-examination, and began to weep.

The prosecution, headed by Hj Nabil Daraina PUKDPSS Ustaz Hj Badaruddin, requested that the court take a short break for the witness to compose himself.

When court resumed 10 minutes later, the witness asked to address the court, "Your Honour, I cannot proceed with trial today because my mind is disturbed. I'm still thinking of something else out there," said Mohd Saiful, requesting that the court reconvene on Saturday, and that a sweater be provided for his comfort.

High Court Judge Dato Paduka Hairol Arni Hj Abdul Majid agreed to the defendant's request, after the defence voiced their dissatisfaction of the second time the trial being adjourned due to this witness, who had no medical certificate to back his health claims.

The defendants, Inspector Hj Azwan Dato Paduka Seri Hj Abdul Rahman, Lance Corporal Sofian Jumat, Constable Andrew Anak Adin and Constable Pg Asmanuddin Pg Hj Md Said, are charged with causing the death of Tan by beating him in order to extort a confession.

The four defendants are currently out on bail of $10,000 with two local sureties.

If found guilty, the accused face up to 15 years in prison with a fine for the first charge of culpable homicide not amounting to murder.

For the second charge of voluntarily causing grievous hurt in order to extort a confession, the accused face up to 10 years in prison with whipping.

The trial will continue at the High Court tomorrow.

The Brunei Times