Kota Kinabalu: The High Court here Tuesday ordered a 30-year-old local to enter his defence against a charge of murdering a nine-year-old schoolgirl five years ago.
Judge Datuk Clement Skinner made the order on Jamaludin Saripudin at the close of the prosecution case after calling 23 witnesses to testify in the 16-day hearing which began on March 23, this year.
The prosecution offered 30 witnesses to the defence.
After the prosecution closed its case, Jamaludin Saripudin's assigned counsel Saban Sawayan informed the court that the defence would not submit a no case to answer.
The prosecution was conducted by Senior Federal Counsel (SFC) Salim Soib and (DPP) Deputy Public Prosecutor Jamil Aripin.
In calling for Jamaludin's defence, Skinner said: "Even though the defence decided not to submit a no case to answer, in accordance with Section 180 of the Criminal Procedure Code and having considered all evidence adduced in the prosecution case against you, I find the prosecution adduced credible evidence to prove each ingredient of murder for which you stand charged.
"This court finds a prima facie case has been made out against you which, if unrebutted or unexplained, would warrant your conviction. I call on you to enter your defence to the charge under Section 302 of the Penal Code".
Section 302 of the Penal Code carries the mandatory death sentence on conviction. Skinner set Wednesday (today) for Jamaludin to make his defence.
In making his defence, Jamaludin will have three options, giving evidence under oath from the witness box, unsworn statement from the dock or choose to remain silent.
The judge explained that by giving evidence under oath the accused would be subjected to be cross-examined by the prosecution, while the prosecution would not be able to cross-examine Jamaludin if he chose to make his defence from the dock. The court will deliver its judgement should Jamaludin choose to remain silent.
Jamaludin, 30, is charged with murdering Haserawati Sarioi @ Saridi, 9, between 7am and 8pm on Jan 8, 2004 at a bush area on a hill slope near a road in Kampung Ratau, Tebobon, Menggatal.
He had pleaded not guilty to the charge on April 29, 2004.
Jamaludin is currently serving a 20-year jail sentence plus 24 strokes of the cane for raping the same girl at the same place and time.
Earlier, during cross-examination by Saban, the prosecution's 23rd witness, Deputy Superintendent of Police Awang Anak Suanda, who was the investigation officer in the murder case, told the court that when he first received Jamaludin, who was arrested as the main suspect in Haserawati murder case, at 9pm on Jan 8, 2004, he (Jamaludin) appeared untidy and looked aggressive, panicky and nervous.
Awang said Jamaludin's urine test was taken by the Anti-Narcotics Unit at the Police Headquarters in Karamunsing and was sent for analysis to the Queen Elizabeth Hospital. Awang told the court that he was transferred from the Karamunsing police headquarters in June 2004 and that until then he was not informed of the urine test result.
He said he was never informed of the finding of the test within the six months period before he was transferred. He had asked the Anti-Narcotics Unit about the result several times while the accused was remanded but was informed that the finding was not ready.
Awang also told the court that just before Haserawati's murder trial commenced, he was informed by the Anti-Narcotics Unit that Jamaludin was found Syabu positive when a "test strip" test was conducted on him on Jan 9, 2004. Asked whether he knew any previous conviction of the accused prior to the Haserawati's murder, Awang said Jamaludin was once jailed on another offence.
However, Jamaludin said he could not remember whether Jamaludin was ever convicted in any drug-related offence.
Meanwhile, during re-examination by DPP Jamil, Awang told the court that he was not involved in conducting the "test strip" test on Jamaludin. He said one Sergeant Awang Hat Salleh was the officer-in-charge of taking the urine sample from the accused.
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