Cradle Fund case: Freed trio may still face miscarriage of justice - Shafee

Despite being discharged and acquitted over the 2018 murder of Cradle Fund CEO Nazrin Hassan, Samirah Muzaffar and the two teenagers may still suffer a miscarriage of justice if a court ruling that a related fire was intentionally started remains, the trio’s lawyer submitted.

Muhammad Shafee Abdullah told the Court of Appeal today that this is because the Shah Alam High Court’s ruling that the fire in the room where the deceased was found was intentional may caused public misperception.

“We are not appealing the acquittal but seek a revision to expunge the offending remark (finding that fire was intentionally started) from the record.

“This was a household (where the death took place), with a husband (of Samirah) and stepfather (of the two teenagers, now aged 17 and 20) and one young child who is the result of the marriage (between Nazrin and Samirah).

“They (Samirah and two boys) are a known family. Publicity of this matter would be unfair, especially to the children.

“Despite there being an acquittal, there may still be a miscarriage of justice due to public misperception of this matter,” Shafee told the three-person bench chaired by Court of Appeal judge Vazeer Alam Mydin Meera and comprised of member judges Ahmad Zaidi Ibrahim and Azhahari Kamal Ramli.

Today was set for a joint hearing of two appeals related to the Cradle Fund CEO murder case, one being the prosecution’s appeal to overturn the acquittal and get the trio to enter their defence.

The other appeal is by Samirah (above) and her two children to quash the criminal court’s finding that the fire in the room on the first floor of the house was intentionally ignited.

Acquitted and discharged

The Court of Appeal has been hearing both appeals since yesterday until today, and the matter is set for further hearing on Sept 19.

Both sets of appeals are over the Shah Alam High Court’s decision on June 21 last year.

Trial judge Ab Karim Ab Rahman made the decision after finding that the prosecution had failed to establish a prima facie case at the end of the trio’s trial.

He ruled that the situation at that time did not show the conduct of the accused and the two children had inflicted injuries which resulted in the victim’s death.

Ab Karim said the prosecution also failed to prove that there was a murder at the time alleged in the charge.

“The court found that the prosecution failed to prove a prima facie case against the accused (Samirah) and child one and child two. Therefore, the accused, child one and child two are acquitted and discharged from the murder charge,” the judge said.

Samirah and the two teenagers, as well as an Indonesian woman who is still at large - Eka Wahyu Lestari - were charged with murdering Nazrin, 45, at his house in Mutiara Damansara between 11.30pm on June 13, 2018, and 4am the following day.

The prosecution closed its case on Feb 14 last year, after calling 57 witnesses. The trial began on Sept 6, 2019.

‘Last persons seen with victim’

During the Court of Appeal hearing yesterday, deputy public prosecutor Yusaini Amer Abdul Karim contended that Samirah and the two teens were responsible for Nazrin’s death.

The prosecutor said this is because the three respondents were the last persons seen with Nazrin, thus it was reasonable to infer that they had the opportunity to kill him.

However, Shafee had counter-submitted that there was no low burn or seeping of petrol in the areas said to have petrol (in relation to the fire being allegedly started).

"It was clear from the photos that the areas behind the bed frame and floorboard showed no traces of petrol," the lawyer said.

Shafee also submitted among others that the criminal court had erred in holding that the cause of death was due to blunt impact and not complications from a blast and blunt penetrating injuries. - Mkini