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Wednesday, April 21, 2021

Daughter disputes prosecution claim in maid murder case

 

MA Ambika was acquitted of murdering Indonesian helper Adelina Lisao in Bukit Mertajam, Penang, in 2018.

PUTRAJAYA: The daughter of a senior citizen charged with murdering her Indonesian maid has disputed a claim that police could not trace their address and serve a court notice related to the appeal against her mother’s acquittal.

R Jayavartiny told the Federal Court today that no one came to their Bukit Mertajam home, after deputy public prosecutor Nahra Dollah said the Attorney-General’s Chambers (AGC), through the police, had tried to serve the notice of appeal four times to MA Ambika.

Ambika was accused of murdering Adelina Lisao, 28, at her home in Medan Kota Permai 2, Bukit Mertajam, on Feb 10, 2018.

The High Court in George Town acquitted her although the prosecution had requested for a discharge not amounting to an acquittal (DNAA).

Nahra claimed the family “refused to open their door” and the prosecution could not deliver the notice personally to Ambika.

Federal Court judge Vernon Ong asked the DPP why it was difficult for the prosecution to serve the notice as Jayavartiny stated they were at home.

This prompted Jayavartiny to retort: “What the police said was not true. My mother cannot walk now because her leg was bleeding.”

She said she was present in court on behalf of her mother.

Judge Zaleha Yusof, sitting with Ong and Hasnah Mohammed Hashim, then asked Jayavartiny how she knew about her mother’s case today.

Jayavartiny replied that she was told to “come back on April 21 (today)” by court officials after she was late for a hearing on March 17.

Ong said the court will hear the prosecution’s appeal against Ambika’s acquittal on July 5, after Jayavartiny said she had engaged a lawyer.

Last year, the Court of Appeal affirmed the George Town High Court’s decision to acquit Ambika.

The appeals court said in its decision that the prosecution had accepted a representation from Ambika’s legal team and that it would not proceed with the proceedings against her.

“The decision not to proceed with the prosecution of the respondent (Ambika) was made two days before the decision by the trial judge to acquit the respondent on April 18, 2019,” said Court of Appeal judge Nordin Hassan.

“On this ground alone, the exercise of the trial judge’s discretionary power to order an acquittal against the respondent is justified. There is no valid reason for the prosecution to apply for the case to be DNAA when it has been decided that the charges against the respondent are to be dropped.”

Human rights group Tenaganita had questioned the AGC over its decision to drop the murder charge. Some 30,000 people had also signed a petition seeking answers from the prosecution. - FMT

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