The Malaysian Bar - MACC: Verdict in inquest should be accidental death

Home

News

Legal/General News

MACC: Verdict in inquest should be accidental death

Tuesday, 13 September 2011 10:53am

©The Star (Used by permission)
by M. MAGESWARI

KUALA LUMPUR: The verdict in Selangor Customs assistant director Ahmad Sarbaini Mohamed’s case should be that of accidental death, said the Malaysian Anti-Corruption Commission (MACC).

Datuk Seri Muhammad Shafee Abdullah, who acted for MACC, told the Coroner’s Court that there was no evidence to link any of its officers to the death.

“The absence of defensive wounds and DNA evidence connecting any MACC officer to his death indicate that no officer is criminally concerned. There is also not a shred of proof that he was physically abused or mistreated during his detention by MACC,” he said.

In a 112-page written submission to Coroner Aizatul Akmal Maharani, Muhammad Shafee said pathological and forensic evidence indicated that Ahmad Sarbaini had died due to severe head injuries and “positional asphyxia.”

He said there was also ample evidence to show that Ahmad Sarbaini had on his own got onto the pantry window on the third floor.

The pantry, said Muhammad Shafee, was in a state which did not suggest that a struggle had taken place, adding that CSI officer Deputy Supt Sharul Othman Mansor and forensic pathologist Prof Dr Shahrom Abd Wahid testified that Ahmad Sarbaini had climbed out onto the third floor to jump to the roof nearby.

“The injuries were proven to be consistent with those of a fall from height. It is obvious that he intended to escape for a while in order to warn Zainal (his friend Wan Zainal Abidin Wan Zaki) and make Zainal’s intended testimony consistent with his,” he said.

Wan Zainal Abidin, who dealt with Ahmad Sarbaini in his work, had denied in his testimony that the Customs officer had received or asked for bribes.

Counsel Awtar Singh, who acted for Ahmad Sarbaini’s family, said there was an element of foul play on MACC’s part, and it was their negligence that caused the death. In a 19-page submission filed on Aug 24, Awtar said the investigation into Ahmad Sarbaini’s death was also incomplete.

Yesterday, Coroner Aizatul told the parties that he would read their submissions, which he said was “ very clear”, and deliver his decision on Sept 26.

Set as favourite

Email This