The Federal Court has dismissed the prosecution’s appeal against the acquittal of Samirah Muzaffar and her two sons over the 2018 Cradle Fund CEO Nazrin Hassan’s murder case.
Samirah’s (above) lawyer, Farhan Shafee, confirmed the matter when contacted by Malaysiakini today.
He confirmed that the panel, headed by Court of Appeal president Abu Bakar Jais with Federal Court judges Rhodzariah Bujang and Nordin Hassan on the bench, had ruled that there were no appealable errors in the trio’s acquittal.
"After going through the written grounds of judgment by the High Court and the Court of Appeal, we find no errors by the courts in the respondents' acquittal.
"Based on the written and oral submissions by parties, we find there is no prima facie proven at the end of the prosecution's case.
"The prosecution had also failed to prove common intention that could cause the death of the victim," The Star reported Abu Bakar as saying in the unanimous decision.
Samirah and the two teenagers, as well as an Indonesian woman who used to be their maid - Eka Wahyu Lestari - were charged with murdering Nazrin, 45, at his house in Mutiara Damansara, Selangor, between 11.30pm on June 13, 2018, and 4am the following day.
The prosecution closed its case on Feb 14, 2022, after calling 57 witnesses. The trial began on Sept 6, 2019.
In June 2022, the Shah Alam High Court acquitted and discharged the trio, a decision which the Court of Appeal upheld in 2024.
A three-person appellate court bench chaired by Vazeer Alam Mydin Meera ruled that the prosecution failed to prove the murder case as the evidence was circumstantial and there was counter-evidence that relations between the deceased and the two teens were good.
He said the bench found there was no common intention between the three respondents, as well as their former maid, to murder Nazrin.
Vazeer noted that while the authorities claimed the former maid was at large, she was actually at Kuching, Sarawak, at one point, but that the police never attempted to arrest her.
While generally agreeing with the High Court finding that acquitted Samirah and the two teens, the appellate bench, however, ruled that the lower court erred in finding that a fire was deliberately started at the scene where the deceased was found. - Mkini
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