A WITNESS in the trial of preacher Ebit Irawan Ibrahim Lew or Ebit Lew, told the Tenom magistrates’ court yesterday that she suspected there is information related to a criminal offence in the mobile phone seized from the accused.

The fourth witness of the trial, ASP Siti Nooraini Mohd Sahid, said the possibility of information or evidence that could lead to a criminal offence referring to either Ebit or the plaintiff in the case.

She said this when lawyer Ram Singh, who represented Ebit, he asked what was meant by “because there is reasonable doubt” in the police officer’s testimony at the trial.

In a re-examination by deputy public prosecutor, Nor Azizah Mohamad, Siti Nooraini said the mobile phone was seized on August 19 last year, and no other mobile phone was produced by the accused at the time.

Meanwhile, Siti Nooraini disagreed when Ram stated that the act of recording the testimony of a witness from a cyber security company, LGMS Bhd, was contempt of court because she was only carrying out her duties as instructed.

Siti Noraini also disagreed with Ram’s claim that the act of recording the testimony of the witness ‘may be liable for contempt’.

Ram: You testified that you have interviewed and recorded an examiner Hoo Kah Yan’s statement. Do you know that Hoo, who has been a senior digital forensic consultant at LGMS, is potentially a defence witness?

Siti Nooraini: I am not sure.

Siti Nooraini said the report obtained from the company was needed by the police for analysis to make a comparison with existing information or documents in the case.

Meanwhile, the fifth witness, ASP Norfazliyani Zolkapeli, in her testimony stated that she seized a blue Samsung Galaxy mobile phone, a Unifi SIM card and a memory card from the complainant on August 7 last year.

She said after the seizure was made, all the items in the case were handed over to the investigating officer, DSP Noor Asyikin Shamsuri, on the same day the seizure was made.

Ebit, 37, faces 11 charges including insulting the modesty of a woman in her 40s by sending obscene words and pictures to the victim’s phone number via WhatsApp between March and June last year.

The charge is framed under section 509 of the penal code which carries a maximum sentence of five years’ imprisonment or a fine or both, upon conviction.

The trial before magistrate Nur Asyraf Zolhani continues on February 7 to 10 next year. – Bernama, December 23, 2022.