Court of Appeal orders former factory operator to enter defence for ex-wife’s murder

The Court of Appeal has ordered former factory operator Zulkifli Joned to enter his defence on a murder charge involving his ex-wife’s 2019 death.

PUTRAJAYA: The Court of Appeal today ordered former factory operator Zulkifli Joned to enter his defence on a murder charge over the 2019 death of his ex-wife, after allowing the prosecution’s appeal.

A three-member bench chaired by Justice Datuk Azman Abdullah unanimously set aside Zulkifli’s conviction and the 16-year prison term imposed by the Shah Alam High Court last year.

In allowing the prosecution’s appeal, the appellate court held that the High Court had erred in offering Zulkifli an alternative charge under Section 304(a) of the Penal Code.

“The High Court judge ought to have decided as to whether the prosecution had established a prima facie case under Section 302 of the Penal Code, or alternatively, under Section 304(a). The court should likewise have called upon the accused to enter his defence, whether under Section 302 or Section 304(a).”

“Accordingly, we direct the accused to enter his defence on the charge under Section 302 of the Penal Code before the same High Court judge,” ruled Justice Azman, who sat with Justices Datuk Leonard David Shim and K. Muniandy. The court then set Sept 2 for case management.

During the appeal, deputy public prosecutor How May Ling contended that the then presiding High Court Judge, Datuk Aslam Zainuddin, was not vested with the power to tender an alternative charge, as the prosecutorial discretion in such matters rests solely with the Public Prosecutor.

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

Meanwhile, Zulkifli’s lawyer Suzanawati Ismail defended the High Court’s decision, arguing that her client had no intention of killing his ex-wife.

Zulkifli was initially charged on Sept 27, 2019, at the Petaling Jaya Magistrate’s Court for murdering Nor Hidayah Ahmad, 30, between 8.53 am and 11.20 am at a house in Prima Damansara on Sept 10, the same year.

On Nov 13, 2025, the Shah Alam High Court sentenced him to 16 years’ imprisonment, with effect from the date of his arrest on Sept 15, 2019, following his guilty plea to an alternative charge of causing the death of his former spouse.

The prosecution then appealed to the Court of Appeal.

It was reported that Nor Hidayah’s body was found in a flat in Prima Damansara, wrapped in a quilt, bound with nylon ropes, and hidden beneath a mattress and pillows in one of the rooms.