Former factory worker ordered to enter defence for ex-wife’s murder

 Court of Appeal says the trial judge erred in offering an alternative culpable homicide charge at the close of the prosecution’s case.

The Court of Appeal ordered Zulkifli Joned’s defence to be conducted before the same trial judge.

PUTRAJAYA:

The Court of Appeal has ordered a former factory operator to enter his defence for the murder of his ex-wife seven years ago after allowing the prosecution’s appeal.

A three-member bench chaired by Justice Azman Abdullah also set aside Zulkifli Joned’s conviction and 16-year jail sentence, meted out after he pleaded guilty to an alternative charge of culpable homicide not amounting to murder.

Azman, sitting with Justices Leonard David Shim and K Muniandy, ordered Zulkifli’s defence to be conducted before the same trial judge.

The court fixed Sept 2 for case management.

In allowing the prosecution’s appeal, Azman said the trial judge erred in offering Zulkifli, 47, the alternative charge under Section 304(a) of the Penal Code at the close of the prosecution’s case.

“The trial judge should have instead made a finding as to whether the prosecution proved a prima facie case for murder.

“If the ingredients of the crime (murder) were established, the accused should have been ordered to enter his defence for the charge of murder or culpable homicide,” he said.

Deputy public prosecutor How May Ling earlier submitted that the trial judge had no power to offer an alternative charge as that was at the discretion of the public prosecutor.

“In his 30-page judgment, the judge also did not state the grounds for offering the alternative charge,” she said.

Lawyer Suzanawati Ismail, who appeared for Zulkifli, urged the bench to uphold the High Court’s decision.

On Sept 27, 2019, Zulkifli was charged at the Petaling Jaya magistrates’ court with murdering Nor Hidayah Ahmad, 30, between 8.53am and 11.20am at a flat in Prima Damansara on Sept 10 that year.

The case was transferred to the Shah Alam High Court for Zulkifli to stand trial for murder.

On Nov 13 last year, Zulkifli was sentenced to 16 years in prison, with the sentence to run from the date of his arrest on Sept 15, 2019.

It was reported that Nor Hidayah’s body was found in a room at the flat, bundled under a quilt, tied with nylon ropes and concealed beneath a mattress and pillows. - FMT