Witness Statement Sample PDF

Preview

Summary

IN THE SESSIONS COURT AT KEMAMANIN THE STATE OF TERENGGANU, MALAYSIA[SUIT NO. TB-A51KJ-01-10 OF 2021]BETWEENABDUL HALIM BIN ABDUL RAZAD(NRIC: 670111-06-5224)ROHANA BINTI MOHAMAD AMIN(NRIC: 770505-06-5624)AIRIL RIZQI HALIM BIN ABDUL HALIM, A MINOR, BY HIS LITIGATIONREPRESENTATIVE, ABDUL HALIM BIN ABD...

Description

IN THE SESSIONS COURT AT KEMAMAN IN THE STATE OF TERENGGANU, MALAYSIA [SUIT NO. TB-A51KJ-01-10 OF 2021]

BETWEEN

ABDUL HALIM BIN ABDUL RAZAD (NRIC: 670111-06-5224) ROHANA BINTI MOHAMAD AMIN (NRIC: 770505-06-5624) AIRIL RIZQI HALIM BIN ABDUL HALIM, A MINOR, BY HIS LITIGATION REPRESENTATIVE, ABDUL HALIM BIN ABDUL RAZAD (NRIC: 040103-01-5423) ALYAA AFRINA BINTI ABD HALIM, A MINOR, BY HIS LITIGATION REPRESENTATIVE, ABDUL HALIM BIN ABDUL RAZAD (NRIC: 060102-01-6543) ...PLAINTIFFS

AND JURUTERA DAERAH JABATAN KERJA RAYA KEMAMAN PENGARAH JABATAN KERJA RAYA MALAYSIA KERAJAAN MALAYSIA

…DEFENDANTS

PLAINTIFF’S WITNESS STATEMENT

NAME : ABDUL HALIM BIN ABDUL RAZAD I/C NO : 670111-06-5224 DATE : 16 MAY 2021 TIME : 10:00 A.M - 12:00 P.M

1. Question: Please state your name, your address and your occupation. Answer: My name is Abdul Halim bin Abdul Razad. I reside at Lot 14538, Pekan Bukit Kepayang, 25000, Kuantan, Pahang. I work as a clerk at LHK Constructions in Kuantan. 2. Question: Where were you on the night of 1/4/2017? Answer: On the night of 1/4/2017, at around 10:30 p.m, I was driving along the East Coast Expressway 2 (ECE2) with my wife and two kids. We were from Kuala Berang heading to Kuantan. 3. Question: Can you explain further what had happened that night? Answer: While I was driving at 303.2 kilometer, I was shocked by a sudden intrusion of a herd of cows which tried to cross the road from left to right. I tried to avoid crashing onto the cows but I failed. So my car hit one of the cows and the vehicle swerved to the right after I lost control of the car. The car rolled off to the right shoulder of the road. 4. Question: Why were you shocked by the presence of the herd of cows? Answer: I was shocked because the cows were crossing the road from left to right in a very sudden manner. Although I used a high beam and drove 90km per hour, the first cow from the herd obstructed the road by running and galloping onto the road which I could only see when it was 20 meter away from my car. We all were surprised and taken aback. I tried to avoid crashing onto one of the cows but my attempt failed and I still crashed onto it. In the process of avoiding the cows, my vehicle swerved to the right and rolled at the right shoulder of the road. 5. Question: How was the condition of the road that night?

Answer: The weather that night was fine and at that point of time, there were no other cars except for my car on the road. However, the condition of the road was pitch black since there were no streetlights at all along the road. 6. Question: In what manner did you drive your car that night? Answer: As I have mentioned, the road was too dark so I used a high beam and drove at 90 kilometer per hour. I had to drive slowly since my children were in the back passenger seat. 7. Question: Were your children awake at that time? Answer: Yes. 8. Question: How old were your children at that point of time? Answer: My son, who is the 3rd Plaintiff, was 13 years old. My daughter on the other hand was 11 years old. 9. Question : Can you explain the surrounding area where the incident happened? Answer: The visibility of the surrounding area was not clear and my line of sight was very limited as it was too pitch black. To make things worse, there were no streetlights installed at all and even after using high beams, I still couldn’t see the surrounding area clearly, more so the area on the left and right side of the road.

10. Question: Can you explain your familiarity with the road and how frequently you use the ECE2 highway? Answer: This was actually my first time using the ECE2 as we were coming back from our family holiday in Terengganu. I am not familiar at all with the road here.

11. Question: As you mentioned earlier you tried to avoid crashing onto one of the cows but you failed and still crashed onto it. Can you explain in detail how the car crashed? Answer: The sudden intrusion was from the left so I had to maneuver the wheel to the right to avoid it but I still did not manage to do so. It happened too fast and the car had rolled off to the right shoulder of the road. I vividly remember the windshield and left passenger window shattered due to the high impact. 12. Question : Then, can you explain what happened? Answer : I remember hearing my children crying in pain. I saw my wife bleeding profusely on her head and she was unconscious. My son and I managed to get out of the car after struggling a bit. Due to the collision, the door of the left passenger seat was badly impacted and I couldn't pull my wife out of the car. On top of that, she was stuck due to the seat belt. My son on the other hand tried to help his sister but she was also stuck. Fortunately, there was a car passing by the area and they stopped and helped to call the police and ambulance for us. 13. Question: Can you explain what happened afterwards? Answer: The police and ambulance came at around 10.45 p.m. The police helped to extract my wife and daughter out of the car. I managed to talk to the police before we were brought to the Hospital Kemaman Emergency Unit at 11pm. There, we were attended by the doctor in charge.

14. Question : What happened to your car afterwards? Answer: My car was badly damaged and had to be towed to the nearby workshop. The repair cost was covered by my insurance company. 15. Question : Please explain the injuries you suffer? Answer: I was diagnosed with a soft tissue injury on my right shoulder and right leg. I experienced loss of function on both limbs. Due to my injuries, I could not work for three months. But, what I experienced was very little in comparison to what my dear wife had to endure. 16. Question: Can you explain what injuries your wife suffers from? Answer: A lot...but the most severe one was her head injury. She experienced brain hemorrhage due to this head injury. She had to be transferred to several hospitals. From Hospital Kemaman, she had to be transferred to Hospital Sultanah Nur Zahirah. However, since there was no specialist in HSNZ that could attend my wife’s case, she had to be urgently transferred to Darul Makmur Medical Centre. 17. Question: Why did the second plaintiff have to be transferred to the Darul Makmur Medical Centre? Answer: As the injuries suffered by my wife were very severe, especially her head injury, she needed to undergo a brain surgery immediately. We were advised to not delay the surgery any further and since DMMC was the only well equipped facility that had available surgeons and specialists. It was a matter of life and death and it could not be delayed any longer.

18. Question: Can you explain the severity of the Second Plaintiff’s injuries. Answer: My wife’s head injury was so severe that she had lost her sense of taste and smell. My wife was very passionate about cooking and that was her main expertise as she is a trained culinary professional with an industry recognized qualification. However due to the injuries, she could no longer serve as a chef, and she had lost her sense of self due to the trauma. She used to be a working woman but at the age of 40, she is unemployed and has to depend on me. She’s easily tired now and could no longer be as active as she used to be. 19. Question: How does the crash impact you and the kids? Answer: Our life changed a lot after the incident. After the incident, my children, especially my daughter, developed the fear of riding in a car due to the possibility of them crashing. Both my children had scars on their faces and these impacted their self-esteem. As for me, I was put on 3 months unpaid leave by my employer. 20. Question: Can you explain how the incident impacted your family financially? Answer: Life was really hard at that time since being a clerk at the company was my only source of income. I had no other side income to support my family since during the 3 months of unpaid leave, I could not do any other work. My wife on the other hand was terminated from her work. Our lifestyle changed and we had to be really frugal. Moreover, the cost for her series of follow-up treatment at DMMC was very costly, which is RM1500 per treatment.

_______________________ Plaintiffs’ Witness Signature ABDUL HALIM BIN ABDUL RAZAD I/C NO : 670111-06-5224

This PLAINTIFF WITNESS STATEMENT is filed on the 21st day of May 2021 by Messrs. Aysiah Lyana & Associates, the Solicitors for the said Plaintiff whose address is at Lot K2196, Tingkat 1, Jalan Cukai Impian, 24000 Chukai, Terengganu. Tel No: +609-9546 5555 No:+609 9546 4444

Email: [email protected] [Our Ref: ABA/LT/ABD/0120]

Fax...