Kota Kinabalu: A contractor and his engineer wife were tentatively charged with murdering their 28-year-old maid.
Mohammad Ambree Yunos @ Unos, 40, and Etiqah Siti Noorashikeen Mohd Sulong, 33, appeared before Magistrate Jessica Ombou Kakayun to face the charge against them on Wednesday.
However, no plea was recorded from the couple after the charge was read and they understood the charge against them. Etiqah is a 2012 Masterchef finalist.
The couple is accused of killing one Nur Afiyah Daeng Damin between Dec 10 and 13, this year, at a unit in Amber Tower, Lido Avenue, Jalan Lintas Lido, Penampang.
They were charged under Section 302 of the Penal Code and read together with 34 of the same Code, which carries the death sentence, on conviction.
The court set Feb. 10 for mention and the couple was ordered remanded till then.
Senior Federal Counsel Irwan Suainbon asked for both accused to be remanded as the charge against them is a non-bailable offence.
Counsel Ram Singh, assisted by counsel Kimberly Ye who represented Mohammad Ambree, asked for bail to be granted under Section 388(1) Criminal Procedure Code (CPC).
Etiqah (centre) with counsel Rakhbir.
Ram submitted that murder is a non-bailable offence and as such, granting bail is at the discretion of the court as Section 388(1) of the CPC provides a qualification in capital punishment cases whereby bail shall not be granted if there appear reasonable grounds for believing that the accused is guilty of such offences, in the absence of which the accused may still be granted bail.
He further told the court that if the couple was under remand, no one will be taking care of their three children who are still small and that the charge against them both was a tentative charge.
Ram said police have yet to complete with investigations and the purpose to grant bail is to secure the attendance of the accused persons.
Ram also said no support documents had been given to them and why his client need to be sent to prison for remand.
Counsel Dato Sri Rakhbir Singh who defended Etiqah applied for the case to be moved to the High Court as soon as possible as he intended to apply for bail for his client, saying the couple had three children - a three-year-old boy and twins girl aged two who were still breastfeeding.
Rakhbir informed the court that Etiqah is an engineer and is suffering from anxiety, depression and panic attack. That if she was under remand, she may also be exposed to Covid-19.
In reply, Deputy Public Prosecutor (DPP) Mohammed Ali Imran strongly objected to bail on grounds that such application can only be done in the High Court.
He argued that application for bail under Section 388(1) of the CPC is only granted under special circumstances.
The couple who was on police bond was accompanied by family members as well as their three children.
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