I was very upset as to the verdict which was totally unexpected, and the sentence which was extremely harsh and excessive.
I know very little about the law and the justice system, but I had absolute faith in it as I thought it will be impartial and will not convict a person if there is reasonable doubt, no causative weapon or agent was found or if the accused was innocent, all of which is present in this case against my husband.
However as events unfold, it was apparent the my husband was made ' the sacrificial goat' and have to pay the price for a misdeed done by persons unknown and for an unknown purpose.
Now fifteen months after, only can we appeal the verdict as we finally managed to get the written judgement from the honourable majistrate. Although I do not know why it took so long to write such a simple yet life changing, at least for us, document, we are relieved that finally we could start the procees to clear my husband name by appealing in the high court in front of an older, wiser and honourable High Court Judge, not that the magistrate was not wise or honourable, but he was younger.
I prayed in Mekah, and I pray now that justice be done and my husbands' innocence be upheld in the venerated court.
This is the open letter that I wrote to YAB Tun Mahathir in the hopes that he may read or at least hear of it, so that it may clear the air and doubts against my husband. The details are not comprehensive but it came from my understanding as a layman and from the heart of a wife in distress.
DATIN DR SURIANI BT YAHYA,
RUMAH PUTIH, JALAN PASIR PUTIH,
PASIR TUMBUH,KOTA BAHRU,
KELANTAN.
02/02/2010
OPEN LETTER TO YANG AMAT BERBAHAGIA TUN DR MAHATHIR BIN MOHAMED,
YAYASAN KEPIMPINAN PERDANA,
PUTRAJAYA,
MALAYSIA.
YABhg Tun,
Assalamualaikum YAB Tun, I pray that you and your family are in good health.
Alhamdullillah, my husband, Datuk Nik Sapeia Nik Yusof , my family and I are doing fairly well despite our present predicament as we are sure that Allah will always protect his ummah and the truth will prevail eventually.
However, my husband is unhappy that due to his conviction pending appeal, about the spray incident, that YAB Tun may think badly of him, so I feel it is imperative that I put our case to clear the air. My husband is a grown man, but he has one weakness, that is he idolize a person and this person can do no wrong and has done many great deeds for the nation. That person is non other than you YAB Tun.
So being found guilty of an act that he did not commit was bad enough but the fact that the act was at you was even worse to bear as how can a person harm his hero.
As is common knowledge now , Datuk Nik Sapeia, (D Nik) was accused of causing injury with a dangerous weapon to 4 persons Yab Tun Dr Mahathir Bin Mohamad, Dato Ibrahim Bin Ali, Dato Dr Mohd Nasir Bin Muda, and En Suberi bin Sahidan, at the Sultan Ismail Petra Airport, Pengkalan Chepa, on 28 July 2006, and was charged under Penal code 324. The dangerous weapon being a pepper spray. On 14 January 2010, the magistrate court of Kota Bharu found D Nik guilty as charged and sentenced to 6 month jail term.
YAB Tun, although I respect the court decision allow me to state my case here and now.
On 28 July 2006, my husband, Nik, left for the airport with some friends and followers to welcome you YAB Tun for a program that was organized jointly by Tan Sri Abdullah Ahmad and Datuk Nik Sapeia under the aegis of Majlis Bekas Wakil Rakyat dan ADUN Negri Kelantan after the initial program under MUBARAK was cancelled. I stayed home to prepare lunch as was arranged in an earlier plan. What happen after that is history.
After the program by MUBARAK was cancelled TS Abdullah requested D Nik to organize another program to invite YAB Tun to give a speech and meet the rakyat on the same day. After getting your consent D Nik contacted your office for further details and plans were arranged for the day. He also made arrangements here in Kota Bharu which included informing the police department of the plan and program and to request for security detail for you as the ex prime minister. We were informed that as an ex prime minister you do not need police help for security. Strangely several special branch officers were present, including a video cameraman from Bukit Aman who was instructed to concentrate on YAB Tun and D Nik .
At the airport D Nik had disagreed with Dato Ibrahim Ali who insisted that YAB Tun ride a Pajero with the sunroof open from the airport to the hotel, with Tun standing through the open roof to wave at the crowd. D Nik had provided a limousine which is more befitting a senior statesman and much safer. D Nik and D Ibrahim finally agreed that Tun would make a short speech from the Pajero and later ride the limo to the hotel.
On your arrival, Yab Tun was escorted to the Pajero , with a little difficulty, as the crowd was too enthusiastic and slightly difficult to control. D Ibrahim and D Nik escorted you all the way to the waiting Pajero and Yab Tun managed to get into the Pajero. D Nik then walked away from the Pajero towards the waiting Limo which is parked to the front of the pajero to await Yab Tun.
Then D Nik looked back and saw some commotion and saw that you had been taken into our Honda Accord that was beside the pajero and the car started to move.. So D Nik then told an escort police car to move and followed Tun in his limo to the designated Hotel .
The Spray Incident is explained in detail by Prosecution Witness no 19 En Mohd Zakhir Bin MoMohamad. He is the owner and driver of the said Pajero. He explained ’ I was standing on the right side of the Pajero near the rear tyre .’ He then said that he saw Tun entering the pajero followed by Dato Ibrahim, Tun stood up through the sunroof , holding a loudhailer, Tun was seen smiling above the roof , then Tun ducked down appearing hurt into the Pajero. This fact was substantiated by several still photographs presented by the investigating officer. At the same time En Zakhir also felt burning sensation in his eyes and face and had difficulty in breathing, which persisted for several hours. He was later called to give a police statement and had his shirt sent to the forensic lab for testing, where spots on his shirt was found positive for Nonivamide, a chemical also found in the police spray that was tested.
The 1st victim was you Yab Tun and you described in court that you were about to stand when you felt pain in you eyes and slight difficulty in breathing, which disappeared after a while on your way to your Hotel. Your injury was mild compared to the other victims.
The 3rd victim Dato’ Dr Mohd Nasir, who is your personal doctor, also gave evidence that he was on the right side of the pajero, he had placed his bag in the Honda beside the pajero and was near the car when he felt a similar sensation of pain in the eyes, and difficulty in breathing. His injury is also mild.
The 2nd victim Dato Ibrahim was hurt when he was sitting in the pajero after he handed you the hailer. He fainted for some time and later had painful eyes and difficulty in breathing. His injury appeared more severe.
The 4th victim En Suberi, a business man from Kuala Lumpur, said he was assisting Dato Ibrahim into the Pajero so he was between the car door and the car when he was hurt. He also fainted and only was able to function well after an hour. His injury appeared more severe. In his evidence he said he heard a sound like pzzzzz near him just before he was hurt.
I now recap the scene when the spray occurred. The incident occurred at the Pajero which was parked at the kerb about 10 feet away from the main door of the Sultan Ismail Petra Airport, Pengkalan Chepa.
The position of the victims are as below
4th victim was between the car door and the car,
2nd victim was sitting in the car,
1st victim, Yab Tun, was standing through the sunroof of the car with your head just above the roof,
3rd victim was at the right side of the car and near a Honda
Another victim the driver of the Pajero was on the right side of the car. He also had trace of causative chemical on his shirt.
They are all the prosecution witness.
The persecution had 3 eyewitness who claimed they saw D Nik Spray..
Wan Mohd Hafiez bin Wan Awang , a nephew of Dato Ibrahim, said D Nik sprayed at or near the door of the airport. He said that Tun was near the Pajero just about to enter the Pajero.
Mohd Zain Bin Mohamad , is a freelance lorry driver , who acted as TS Dollah driver. He said in court he was a few feet behind D Nik and he saw D Nik did spray near the main door of the airport still inside the airport. At that time he saw Yab Tun was in the Pajero and Dato Ibrahim was about to enter the Pajero.
Mohd Alidaem bin Ibrahim, is an odd job worker, who was at the airport as TS Dollah’s bodygarde , He was standing behind TS Dollah at all times and also a few feet behind D Nik when he saw D Nik spray. At that time D Nik was said to be near the door of the airport inside the airport .
All three witnesses were inconsistent as to Dato’ Ibrahim and Yab Tun’s position .
TS Abdollah was not called to give evidence in court although he was called into the court for identification purpose. Maybe he is like the 3 wise monkey who see no evil, hear no evil , speak no evil.
As mentioned earlier, a special branch video cameraman produced a tape claimed to be taken on that day of the incident. The tape was only made available to the Kelantan police investigation team about 3 weeks after the incident and was only sent for testing in November. It was noted that the safety tab on the tape was never broken thus allowing it to be able to be edited. In the tape a hand was seen coming up above the many heads and a mist was seen coming from it. It was deduced that that was D Nik’s hand doing the spray. The hand was seen inside the airport . At that time Tun was not visible in the tape. The airport door was seen at the back with an air screen seen above the door.
The so called dangerous weapon was not produced as evidence, but a pepper spray tin can with a PDRM logo on it was tested at the forensic lab and results of effect of the spray on the chemist was compared to the effects on the victim and was similar. The spray contained Nonivamide. Two other pepper spray that was purchased by the investigating officer were also made exhibit.
Now the prosecution claimed they have proven that D Nik did the spraying at or just inside the door of the airport about 10 feet away from the Pajero. We also note that an air screen was above the door blowing air downwards. We also note that the only spray made available for testing was a PDRM pepper spray in a tin can.
Allow me to analyze the situation, the worst hit was victim number 2, 4, and driver of the pajero who is on the right side of the pajero. Although Yab Tun also was hurt , but it was milder compared the other three.
If the spray was done at the door of the airport which is 10 feet from the pajero, how did the spray go through the door of the pajero and really effect victim 2 and 4. Stranger still how did it just slightly effect Yab Tun who at that time had your head out of the Pajero yet later hit the driver who is on the other side of the pajero, in full force that he even had chemical evidence of the spray on his shirt.
If I remember my science faintly most trajectory will travel in a straight line until pulled down by gravity. If D Nik had sprayed as accused by the prosecution, the spray ;
1) would not be able to pass in full force through the air screen above the airport door and affect the victims who were about ten feet away.
2) would cause most harm to Yab Tun, as Yab Tun is in direct line of fire with your head above the sunroof of the pajero.
3) would not be able to concentrate in the car as there are two things in its path, the crowd of people around the car and the car door. It can permeate but not concentrate in the car. However it most effected victim 2 and 4 the most, to such an extent that they fainted.
4) should not hit the driver of the Pajero who is on the other side of the pajero, so much so that his shirt even had evidence of the chemical. The driver’ head would not be above the roof of the Pajero as the Pajero is high, thus he should be shielded from the direct force of the spray. He should only get a mild effect, just as Yab Tun’s personal doctor.
5) must be really powerful, not the regular pepper spray that is available in the stores but similar to the police spray that was tested and used as evidence in this case.
Yab Tun even with the prosecution evidence you can see that it impossible to accuse Datuk Nik of causing hurt to you and the others based on physical probabilities. There is also absolutely no motive at all for him to commit any act at all. Whatever disagreement with Dato Ibrahim was settled amicably before your arrival. D Nik also had a deep respect and love for you, like for a father, which he proudly proclaimed in court. So there is no reason at all to find D Nik guilty as charged.
On the defence side we were able to produce several witnesses , one confirms D Nik’s position at the time of the spray, and another, Lance Corporal Adnan actually saw the person who was near the back of the Pajero and who did spray a substance towards the pajero. However the court chose to disregard this evidence and convict D Nik. We also produced a video recording of a speech made by Dato Ibrahim immediately after the incident. The speech was given on the same Pajero and he said that ‘SAYA CAM PEMUDA YANG LAKUKAN SPRAY’. While all of us want to look young, D Nik definitely is not a ‘pemuda’ .
The facts given showed that Datuk Nik should never be accused of committing such a crime.
We were sure that we would not be found guilty as D Nik did not spray Yab Tun and the other victims. However apparently somebody must pay for what happened to Yab Tun and D Nik has to pay the price guilty or not. If this was the case, I hope the verdict has made a lot of people happy as they have their pound of flesh, but to me although we are innocent we may have to pay, and we have to pay six kilograms worth of flesh.
However I am sure you Yab Tun is a man of reason and exceptional intellect, thus you should be able to differentiate between the truth and untruth.
So I now rest my case, Thank you
Sincerely
Datin Dr Suriani Yahya
D Nik should make an appeal to High Court to clear his name if he is at true site and wrap up the case amicably..or if D Nik is true make a mistake
ReplyDeletewould suggest ask for appologize from YAB Tun and settle through outsite of court amicably as brothers...since Nabi Muhamad SAW would forgive his ummah why not us..