PUTRAJAYA: The Court of Appeal here has dismissed the application for bail by the widow of Cradle Fund CEO Nazrin Hassan while awaiting her murder trial in September.
The panel, led by Kamardin Hashim, said the court was not persuaded by Samirah Muzaffar’s arguments that she should be granted bail.
“We find that the High Court judge committed no error in his decision,” he said in delivering the unanimous ruling.
Other judges on the panel were Rhodzariah Bujang and Mohamad Zabidin Diah.
Today’s decision means Samirah will remain in detention until the disposal of her husband’s murder case.
Samirah’s lawyer Muhammad Shafee Abdullah said they would raise the issue at the Federal Court.
“We hope the court can provide us with the judgment on this decision,” he added.
To this, Kamarudin said the panel would write out their judgment on the bail application.
Samirah and two teenagers are accused of murdering Nazrin at their home in Mutiara Damasara on June 14 last year.
Nazrin’s case was initially classified as sudden death, but police reclassified it as murder after investigations found traces of gasoline at the scene.
Samirah’s application for bail was rejected by the Shah Alam High Court, which said she had failed to show why she should be allowed bail for a murder charge which carries the death penalty.
However the High Court allowed the two teenagers to be freed on bail of RM50,000 each.
In court today, deputy public prosecutor Jamil Aripin said Samirah should not be allowed bail as it might prejudice the prosecution’s case in the coming trial.
“Besides, it will cause a public outcry, and it is unfair to other people accused of murder as they too were remanded throughout their trials,” he added.
He also dismissed Shafee’s argument that there was no motive for Nazrin’s murder.
“We will bring evidence against her (Samirah) during the trial and bring witnesses to establish the motive,” he said.
Shafee, meanwhile, said prosecutors had only cited the possibility of witness tampering in objecting to Samirah’s bail.
“The fact that the prosecution charged her and the two boys nine months later has diminished this argument,” he added.
He also said that courts can exercise discretion in granting bail for capital offences, and that the same High Court had freed the two teenagers on bail. - FMT
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