PUTRAJAYA - Samirah Muzaffar and two teenagers remained released and acquitted by the Court of Appeal here today on charges of murdering Cradle Fund CEO Nazrin Hassan six years ago.
The unanimous decision was made by a panel of three judges led by Judge Datuk Vazeer Alam Mydin Meera after rejecting the prosecution's appeal against their previous and independent decision.
"We found that the prosecution failed to prove any prima facie case and we uphold the previous court's decision," said Judge Vazeer Alam.
Two other judges who also sat are Datuk Ahmad Zaidi Ibrahim and Hakim Datuk Azhahari Kamal.
According to the charges, Samirah, the two teenagers involved and an Indonesian national who is still at large, Eka Wahyu Lestari, were charged with killing Nazrin in a house in Mutiara Damansara between 11.30pm on 13 June 2018 and 4am on 14 June 2018.
On 21 June 2022, Shah Alam High Court Judge Datuk Ab Karim Ab Rahman acquitted the three respondents after finding that the prosecution had failed to prove a prima facie case against Samirah, 49, and the two teenagers aged 18 and 21.
Then on 23 June 2022, the Attorney General's Department (AGC) filed a notice of appeal against the decision of the Shah Alam High Court which acquitted Samirah and the two teenagers involved of the charge of killing Nazrin.
Previously, the prosecution during the argument told that the blood spatter on the wall of the burnt room where Nazrin Hassan's body was found matched Nazrin's deoxyribonucleic acid (DNA).
Deputy Public Prosecutor Mohd. Amril Johari said forensic officers studied the blood spatter, Assistant Superintendent, Mohd. Nizam Husain (the 39th prosecution witness) confirmed that the blood stains found on the wall at the scene of the incident were consistent with the effects of being hit by a blunt object and not the effects of gunshots or explosions.
While the defense lawyer, Tan Sri Muhammad Shafee Abdullah in the conclusion of his argument stated, the discovery of blood splatter on the wall above the head of the bed is something strange and can be considered to have been ``placed'' in that place.
"Out of several splashes, only three are said to have Nazrin's DNA, of which two are doubtful. One of them had a mixture of Nazrin's DNA and that of an unknown individual. The DNA of the unknown individual does not match all the accused," said Muhammad Shafee.
He added, based on witness statements and evidence presented to the court, it is clear that Nazrin's death was accidental and not a murder.
Accordingly, the lawyer involved requested that the Court of Appeal uphold the decision to release and acquit all three of his clients.
For info the trial of the murder case started on 6 September 2019. On 14 February 2022, the prosecution closed the case after calling 57 witnesses including Nazrin's brother and sister, namely Dr Abdul Aziz, Dr. Malek Reedzwan and Che Elainee; Kuala Lumpur Fire and Rescue Department (JBPM) Director, Edwin Galan Anak Teruki and Kuala Lumpur Hospital (HKL) Pathology Forensic Officer, Dr Siew Sheue Feng.
