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Submission Hinge On Eyewitness Testimony
By Rol Ezam & Ignatius Stephen

Bandar Seri Begawan - Was a key witness, the only person who allegedly saw one night the chilling sight of a bloodied Richard Chia Kok Hiong accused of murdering a family of three in December two years ago, a liar or was she of unsound mind?

Or was Faridah binte Haji Yahya, the sole eyewitness to link Richard to the, fateful night of crime, telling the truth?

These were two opposing points Pengiran Jasmin Bahrain, the Deputy Public Prosecutor and counsel Yusof Halim argued in the Brunei High Court before Chief Justice Dato Mohd Saied and Mr Justice Dato Steven Chong in their final submissions.

The murder victims were Maul bin Jambu, 44, his 37year-old school teacher wife, Seniwati Untong, and their adopted daughter Neena Asmira, aged two, who was smothered with a pillow. Her parents were beaten to death.

Richard, a car salesman, was arrested soon after the murder in mid December 2004 which took place at a government bungalow in Serusop near the Brunei capital. Richard, a family friend and neighbour is pleading not guilty.

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DPP Jasmine submitted in court that after the discovery of the bodies was made public, Faridah came forward to the Royal Brunei Police Force.

During her testimony, she said on December 15, 2004 at around 10.34pm, while she was in her flat she heard the sound of a car that was moving fast and she saw a green Nissan Sunny Car.

She testified to the Examination-in-Chief that she always saw that car almost every single day. She showed on the sketch map of the area where she lived in that the car had come from the direction of Jalan Perumahan Guru Maktab Sains, the area where the victims' house was situated.

She added that it was Richard who came out of the Nissan Sunny. She said that she had seen Richard on two or three occasions in the four years that she had been living there.

She also identified the flat that he was living in. According to her when Richard emerged from the car, he was not wearing a shirt but wearing light-coloured trousers stained with what she presumed was blood and he was holding a piece of wood. She saw Richard clearly as he stood by his car. The lights were on in the area where the Nissan Sunny car was parked.

Richard then walked to "a Nissan Cefiro car also identified by her as a car usually driven by him. She also positively identified Richard in an identification parade and by photo identification.

It is noted that the direction from which Faridah saw Richard's car emerge was not challenged, Pengiran Jasmine submitted.

Her unchallenged testimony was that the road that Richard came from that night only led to the housing area of the victims and nowhere else as the road from the other side had been closed off.

It is also noted that the car that she saw, being a green Nissan, was not challenged by the defence. Following the information given by Faridah to the Police of what she saw on December 15 2004, Richard was brought in by Police to help with their investigations.

DPP Pengiran Jasmin said the identification of Richard and the car he was driving are reliable and accurate and may be relied upon in the court. Such identification places the defendant in the area where the victims' house was located within the time, according to the pathologist Dr P.U.Telesinghe, when the victims were killed.

The Defence Counsel Yusof Halim in his submission said that Faridah has given three statements and three different times she said she saw Richard.

But DPP Pengiran Jasmine countered that all the statements given by Faridah to the Police never gave an exact time that she saw Richard that night, only that she saw Richard "around after ten". The prosecutor submitted that Faridah has been a consistent, credible witness.

She said Counsel Yusof in his submission has said that Faridah did not know the identity of the person she saw and that she only concluded that the man was Richard after reading the news. In fact, Faridah had gone to the Police after hearing about the murders on December 17, 2004.

Faridah had identified Richard in a photo identification on February 7, 2005 and also during an identification parade on February 12, 2005. Faridah's identification by way of parade and picture was before Richard was charged in the Magistrate's Court.

Further, Faridah had been Richard's neighbour for four years, as stated by her during Examinationin-Chief. During cross examination, Faridah said:

"I myself saw what happened and therefore I am the one who is saying the person who came out of the car is the defendant, My Lord."

It is humbly submitted that Faridah was absolutely sure about the identity of Richard as the man who came out of the Nissan on December - 15, 2004.

The defence counsel in his submission said, Faridah "was in an unstable state of mind", as she "was having problem with her husband and contacting her ex-fiance".

The defence also submitted, "She admitted that - her husband was not paying attention to her. However, the question will be raised on why she accused Richard. To that we must admit that we do not know, whatever we say is at best speculation."

Pengiran Jasmine submitted that during the length of her testimony Faridah never exhibited any negative character traits.

In fact, it was submitted that Faridah was an honest and truthful witness who had no reason whatsoever to conspire against Richard. That Faridah was having problems with her husband and her accompanying state of mind is of absolutely no relevance to the credibility of her testimony, Pengiran Jasmine submitted.

Prosecution is led by Deputy Public Prosecutor Haji Yusree and assisted by DPP Pengiran Nina Jasmine. Awang Yusof Halim and Siva Sankaran are defending.

Hearing continues. -- Courtesy of Borneo Bulletin

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