Kota Kinabalu: The High Court here allowed a 40-year-old contractor, jointly charged with his former reality TV cooking show finalist wife with the murder of their maid, to be released on bail pending trial of the case.
Judge Leonard David Shim granted Mohammad Ambree Yunos @ Unos bail at RM30,000, with RM10,000 deposited in two sureties who are his family members.
Leonard also imposed several conditions on Ambree, including his passport and travel documents to be surrendered to the Magistrate’s Court, no inter-state travel without leave of court, to report to Penampang police station at noon every Monday and not to tamper with witnesses.
In delivering his decision on Ambree’s bail application, Leonard held:
“In the absence of evidence of flight risk and tampering with evidence/witnesses and the lack of reasonable grounds being shown for believing the applicant had committed the offence of murder he is charged with and having regard to the unexplained and inordinate delay in transferring the case against the applicant and/or his wife to the High Court, this court finds this is an appropriate case to exercise its discretion to grant bail.
“Although the offence of murder is very grave, the seriousness of the offence is not the dominant factor. It must be balanced against the failure of the prosecution to show that there are reasonable grounds for believing that the applicant had committed such offence,” said Leonard, citing the decided cases of Balwant Singh and Hobalan V Vello.
“Whilst it may not be in the public interest to grant bail to a person facing murder charge, the factors highlighted operate favourably towards the applicant, and the court finds that the requirements of public interest can be satisfied by imposing suitable conditions in granting bail,” Leonard said.
He also said an electronic device would be attached to Ambree in the Magistrate’s or appropriate court when Section 388A of the Criminal Procedure Code is enforced.
On Dec 29, 2021, Ambree and his engineer wife Etiqah Siti Noorashikeen Mohd Sulong, 33, were charged at the Magistrate’s Court with the murder of one Nur Afiyah Daeng Damin, 28, between Dec 10 and 13, 2021 at a unit in Amber Tower, Lido Avenue, Jalan Lintas Lido, Penampang.
The charge under Section 302 of the Penal Code and read together with 34 of the same Code carries the death sentence, on conviction.
No plea was taken from them as it would only be taken once their case was transferred to the High Court.
Ambree had on May 10 applied for bail at the High Court.
Etiqah was on April 26, this year granted bail by the Court of Appeal.
The couple’s murder case at the Magistrate’s Court would be mentioned on Nov 9. Ambree, who was seen relieved, posted the bail.
Meanwhile, in the Magistrate’s Court, Ambree was given a discharge not amounting to an acquittal (DNAA) from a charge of threatening his wife, two years ago.
Magistrate Stephanie Sherron Abbie made the order on Ambree, whose case is scheduled for continuation of trial Thursday.
Earlier, Etiqah, who was the complainant, confirmed to the court her wish to withdraw the case for the second time and had lodged a police report on Oct 11 to retract her report against him.
Etiqah said she wanted to help his husband’s bail (on the murder case) process and that as a wife, she no longer wanted to add to the existing burden and problems.
“I am aware of the risk of withdrawing this case as after weighing the pros and cons, this is the best option for now as we also still have young children,” said Etiqah, who was also reminded by the prosecution that the DPP office had previously instructed to proceed with the case even though she had lodged her first withdrawal report of the case early this year.
Etiqah, when asked by the prosecution whether she was threatened to withdraw the case, said she insisted on withdrawing the case because she did not want to add to the burden of the problem.
“Our 302 (murder) case is still ongoing and it is more about support to raise the children and also financial support for the family since our children are still schooling,” she said.
The prosecution applied for a new mention date for DPP’s instruction.
Ambree’s led counsel Ram Singh applied for his client to be discharged and acquitted without referring to the DPP and cited Section 254 of the Criminal Procedure Code submitting that the case was already part heard.
Ambree was accused of committing criminal intimidation against his wife at 2pm on April 26, 2020 in a house at Taman Sri Juta, Jalan Kepayan.
The charge under Section 506 of the Penal Code carries a jail term of up to two years or fine, or both, on conviction.
Stephanie, in ordering Ambree to be DNAA, noted that the complainant did not want to proceed with the case at this stage and ordered Ambree’s bail of RM1,000 to be refunded.
Together with Ram in representing Ambree were counsel Kimberly Ye and Chen Wen Jye.
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