September 26, 2011
OMG, Sarbani's Death is the Misadventure?
Hafiz Yatim@www.malaysiakini.com
Sep 26, 11
3:30pm
The Coroner's justice in Kuala Lumpur has found which senior customs military military military military military officer Ahmad Sarbaini Mohamed fell from the Kuala Lumpur Malaysian Anti-Corruption Commission (MACC) bureau after being upon the ledge of the building.
Coroner Aizatul Akmal Maharani, in his outcome prior to the packed courtroom today, pronounced the theory which the MACC was concerned in his genocide cannot hold.
"There were no signs of onslaught in the incident as well as the justice additionally dismisses which he committed
suicide." The Coroner (right), returning the outcome of misadventure, pronounced he believes Ahmad Sarbaini, 56, accidentally fell from the bureau building as well as was unwavering during the fall.
"The justice additionally rules which he died now in the fall, as well as he fell feet first, injuring both feet, as well as suffering severe conduct injuries."
The justice additionally ruled which the deletion of vital CCTV recordings was an blunder by the MACC confidence though was not finished upon purpose as no the single knew of Ahmad Sarbaini's arrival upon Apr 6.
!On th e issue of unfamiliar DNA, Aizatul pronounced they were found upon the deceased's stocking as well as arm, though it came from other bodies which were in the mortuary for post mortem during the same time as Ahmad Sarbaini.
Aizatul additionally pronounced nonetheless the fingerprints retrieved, they did not match any of the five MACC officers or the deceased. "It did not assist me in anticipating answers per the genocide of the deceased. It usually showed which the pantry could be accessed by anybody."
Aizatul in laying the contribution of the case pronounced the defunct had admitted prior to MACC military military military military military officer Sheikh Niza Khairy Sheikh Mohamad upon Apr 4 which he perceived wang ehsan from dual logistic companies.
One came from Wan Zainalabidin Wan Zaki of DB Schenker Logistics Bhd.Ahmad Sarbaini then came again to the MACC bureau dual days later, upon Apr 6, to shift his matter as well as was told which it could usually be finished if the letter to the MACC was made.
"Sheikh Niza seized his handphone as well as found (the) Schenker (company's) series which had to be investigated. He called Wan Zainalabidin to come to the MACC Kuala Lumpur," pronounced Aizatul in his written judgement.
"The conduct of MACC Kuala Lumpur's investigation section Mohamad Fauzi Hussin asked Ahmad Sarbaini to wait for for as well as asked MACC military military military military military officer Kamal Awang Besar to bring him to the witness room as well as safeguard him.
"However, Kamal left Ahmad Sarbaini in the room alone as well as went to another MACC officer's room. Upon his return, he found the defunct missing as well as he panicked.
"He, along with other MACC officers, attempted to look for him. MACC military military military military military officer Henritta Serai Andrew Lenggi saw Ahmad Sarbaini's body upon the badminton justice upon the 1st floor."
The Coroner ruled which according to testimony! Kamal h ad left Ahmad Sarbaini for five mins as well as ruled there were elements of loosening concerned in withdrawal the defunct alone as well as violating his superior's gauge not to leave, which led to the senior customs officer's death.
The justice found which Ahmad Sarbaini was still unwavering as he fell as well as found which the cause of his genocide was due of severe conduct injuries as well as positional asphyxia due to descending from the third building of the MACC bureau as well as not due to natural causes.
Hell upon Earth
The coroner found which the defunct came to MACC upon his own free will as well as nobody had invited or directed him to come.
Aizatul additionally found from the testimony which the defunct had great impression as well as was well respected between his colleagues. However his acknowledgment of accepting the wang ehsan (said to be RM200) had influenced his thinking.
"This can be seen when he called Wan Zainalabidin to admit his inapplicable designation of involving Schenker in the issue. Ahmad Sarbaini pronounced to his friends which he made his matter under duress (terdesak) as well as he longed for to encounter Wan Zainalabidin during the restaurant.
"Wan Zainalabidin did so as well as described Ahmad Sarbaini was very worried over his acknowledgment as well as ensuing in him making the decision to withdraw it. However, the mishap of having spent in the lock-up in Bukit Jalil which he described as "hell upon earth" following his progressing detention lingered in his mind."
Aizatul pronounced Ahmad Sarbaini then returned the income as well as during which time he was meditative which he competence be incarcerated following him wanting to shift his statement.
He pronounced the confidence safeguard during the MACC additionally described Ahmad Sarbaini as moving whilst waiting for Shiekh Niza as well as his concern escalated further when told he could not shift his admission.
!"How ever, the incident became moving when Shiekh Niza seized his handphone as well as the defunct was seen to be holding his conduct as well as shaking it (in disbelief). He may have been stressed when he was asked to wait for for in the witness room.
"Thinking which the seizure of his handphone as well as the awaiting of him being incarcerated again had resulted in him to worrying about being being in "Hell upon earth". This resulted in him going out of the bureau building in any way possible."
Optical Illusion
Aizatul pronounced since Ahmad Sarbaini was in the room alone, he decided to go out of the pantry window where the justice believed which the defunct may have suffered an optical illusion to think which the badminton justice was tighten by.
"It is critical which we state here which the justice does not agree with the MACC's counsel which he ran away to encounter Wan Zainalabidin to safeguard coherence in his matter to the MACC.
"This remains the conjecture as well as is not supported by any facts. we additionally do not want to hold upon the issue of either or not Ahmad Sarbaini did receive the "wang ehsan" as which would be outside the range of reference in this court.
"I feel which there is no element of tainted play upon which fatal day. There is no third party involvement as well as there is no evidence to suggest there was crime heading to his death," ruled the coroner.
MACC counsel Muhammad Shafee Abdullah had in his written submission claimed which Ahmad Sarbaini had longed for to encounter Wan Zainalabidin to standardize their statement.
This submission was disputed by the defunct widow Masiah @ Maziah Manap as well as ! Schenker 's lawyers who replied upon which point.
Legal Teams
Attorney-General's Chambers military military military military military officer Mohd Abazafree Mohd Abbas assisted in the inquest, whilst the MACC was represented by Muhammad Shafee Abdullah. Lawyer Awtar Singh represented Ahmad Sarbaini's family as well as lawyers Rosli Dahlan as well as Nadia Marni Mat Zin appeared upon the watching short for multinational DB Schenker (M) Logistics Bhd.
Sarbaini's widow Masiah@ Maziah Manap (right) as well as Social Care Foundation chairperson
Robert Phang were additionally present in court.
One of the highlights of the inquisition followed the discovery which the MACC's CCTV was found to be tampered with, as 22 hours of recording including the duration when Ahmad Sarbaini came into the premises had assumingly been deleted.
A sum of 34 witnesses testified in the inquisition which took fourteen days to complete.The witnesses included dual Hospital Universiti Kebangsaan Malaysia pathologists, Dr Faridah Md Nor as well as Dr Shahrum Abd Wahid.
Ahmad Sarbaini died after descending down from the third building of the new Kuala Lumpur MACC bureau in Jalan Cochrane upon Apr 6.He was arrested as part of the 3B programme though was after released prior to returning to the MACC which fateful day.
His friends as well as family members claimed there was foul play in his death. They pronounced he was the clean military military military military military officer who had been planning to go upon the haj this year with his wife as well as parents.
Ahmad Sarbaini's genocide came in the midst of the royal elect of exploration into the genocide of DAP domestic aide Teoh Beng Hock, with MACC being the focus of attention.The RCI, in its report, found which Teoh may have committed self-murder ensuing to his genocide upon Jul 16, 2009.
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