The Court of Appeal recently heard a case involving Samirah Muzaffar and two teenagers who were accused of murdering former Cradle Fund CEO, Nazrin Hassan, five years ago.
According to Counsel Rahmat Mohamed Hazlan, the High Court had appropriately dismissed the prosecution's reliance on the last seen theory as an unproven assumption. The burden lies on the prosecution to provide a convincing explanation to prove their clients' guilt in this alleged crime. Rahmat emphasized the consistency in Samirah's statement regarding the last time she saw Nazrin.
According to her statement on June 17, 2018, Samirah was alerted by a neighbor about smoke coming from the second-floor window. She rushed upstairs but failed to open the bedroom door and sought help from a security officer in the housing area. Deputy Public Prosecutor Yusaini Amer Abdul Karim brought up information suggesting that the deceased intended to divorce Samirah. He claimed that Nazrin's close friend, Eliza Elias, was aware of the marital issues and his intentions. However, on June 21, 2022, Judge Datuk Ab Karim Ab Rahman acquitted and discharged all three individuals.
The judge noted that the prosecution had failed to establish a prima facie case against Samirah, the two teenagers aged 17 and 20, as the allegations mentioned in the charge sheet were mere accusations. Yusaini Amer argued that the High Court's decision did not align with the factual evidence presented by the prosecution. The appeal proceedings are set to continue on September 19. It appears that the Court of Appeal is scrutinizing the evidence and arguments presented by both the prosecution and the defense.
The defense argues that the prosecution's case based on the last seen theory is unproven, while the prosecution highlights marital issues and intentions for divorce as motives. The decision of the High Court to acquit and discharge the accused individuals was based on the failure to establish a prima facie case. It remains to be seen how the Court of Appeal will evaluate the evidence and determine the outcome of the appeal. Until then, additional proceedings will be held in September.
Source: Link
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