PUTRAJAYA: There is no evidence to suggest that Samirah Muzaffar and the two teenagers murdered former Cradle Fund chief executive officer Nazrin Hassan five years ago, the Court of Appeal heard.
Counsel Rahmat Mohamed Hazlan who appeared for the respondents said the High Court was right to rule that the prosecution's reliance on the last seen theory with Nazrin was merely an unproven assumption.
"The prosecution needs to provide an explanation to prove that our clients were responsible for the alleged criminal actions against them.
"We have been very consistent regarding what transpired on June 14, 2018, when Nazrin was found dead in the fire," he said before a three-member panel chaired by Judge Datuk Vazeer Alam Mydin.
Other members of the bench were – Datuk Ahmad Zaidi Ibrahim and Datuk Azhahari Kamal Ramli.
Samirah, the two teenagers, and an Indonesian national who is still at large, Eka Wahyu Lestari, are accused of killing Nazrin at a residence in Mutiara Damansara between 11:30 pm on June 13, 2018, and 4 am on June 14, 2018.
Rahmat said that Samirah's statement regarding the last time she saw Nazrin was consistent.
"In her statement on June 17, 2018, Samirah said that her neighbour approached her and informed her that smoke was coming out of the window on the second floor.
"She then rushed upstairs and attempted to open the bedroom door but was unsuccessful.
"She then asked for help from a security officer at the housing area," he said.
Earlier, Deputy Public Prosecutor Datuk Yusaini Amer Abdul Karim told the court that the deceased allegedly intended to divorce Samirah before the incident.
He said Nazrin's close friend, Eliza Elias, was informed about the marital issues between the couple and the CEO's intentions.
On June 21, 2022, Judge Datuk Ab Karim Ab Rahman acquitted and discharged all three individuals after finding that the prosecution had failed to prove a prima facie case against Samirah, 48, and the two teenagers aged 17 and 20.
Ab Karim reportedly stated that the prosecution had only made mere allegations when accusing all three of them of killing the CEO of Cradle Fund as stated in the charge sheet.
Yusaini Amer argued that the High Court's decision was not consistent with the precise findings based on the facts and evidence presented by the prosecution.
The proceedings for the appeal will continue Sept 19.