PUTRAJAYA – The Court of Appeal has reserved its decision on the prosecution’s appeal against the acquittal of Samirah Muzaffar and two teenagers on the charge of murdering former Cradle Fund chief executive Nazrin Hassan.
A three-member panel, comprising justices Datuk Vazeer Alam Mydin Meera, Datuk Ahmad Zaidi Ibrahim and Datuk Azhahari Kamal Ramli, also reserved its verdict over the trio’s appeal to challenge certain findings of facts by the high court, including the findings that the fire that broke out in Nazrin’s room was “done deliberately”.
Justice Vazeer Alam, who chaired the panel, said many issues were raised during the submissions by the prosecution and defence and the panel needed to go through the evidence in detail.
“Parties will be informed when we are ready, but it will not be long,” he said after the five-day hearing of the appeal, which began on September 4.
Counsel Tan Sri Muhammad Shafee Abdullah, representing the trio, had earlier completed his submissions while the prosecution led by deputy public prosecutor Datuk Yusaini Amer Abdul Karim concluded its submissions on October 17.
On June 21, 2022, the Shah Alam High Court freed Samirah, 48, who is also Nazrin’s widow, and two teenagers, who are now 21 and 18, of murdering Nazrin after finding that the prosecution had failed to establish a prima facie case against the trio at the end of its case.
The three of them and an Indonesian woman, Eka Wahyu Lestari, who is still at large, were charged with killing Nazrin, 45, at his house in Mutiara Damansara between 11.30pm on June 13, 2018, and 4am the following day.
Earlier, Shafee submitted that Nazrin’s demise was a tragic accidental death and not murder.
He said the defence has unveiled compelling evidence and testimonies of witnesses that disprove the allegation of incendiary fire, the alleged finding of petrol and the various elements of the murder charge.
The counsel pointed out that the prosecution has not presented any credible evidence, let alone circumstantial evidence, pointing to the irresistible conclusion that the accused persons had committed the murder.
“To date, the prosecution is unable to explain as to how the deceased sustained the blast-type injuries and how the blast-like pattern appeared on the master bedroom wall.
“As such, the defence humbly prays that the prosecution’s appeal be dismissed and the trial judge’s order of discharge and acquittal on the accused persons be upheld.
“The defence humbly seeks the intervention of this court to correct the misdirection of fact and law by the learned trial judge in relation to the acceptance of the finding of incendiary fire and petrol by the Fire and Rescue Department,” said Shafee. – October 23, 2023