SHAH ALAM: The High Court here has denied bail for Samirah Muzaffar who is accused of murdering her husband, Cradle Fund chief executive officer Nazrin Hassan, last year.
Justice Ab Karim Ab Rahman made the decision after hearing submissions from both parties here Thursday (April 11).
The judge said if the accused was released on bail, there was a danger of witnesses being tampered with.
“The witnesses are among family members. There is the probability that they could be harassed,” he said.
Lawyer Tan Sri Muhammad Shafee Abdullah had earlier submitted that his client's letters to the defence team had been censored.
On this issue, Justice Ab Karim said the censorship was done partially according to prison rules.
“But the entire content of the letters must have reached its meaning.
“This should have not prohibit client-lawyer relation and it is impossible that the applicant could not have prepared her defence (because of this),” he said during a hearing for Samirah's bail.
The judge then dismissed the application and ordered for Samirah to remain in remand in prison.
Muhammad Shafee said he would be appealing the decision.
Earlier, he submitted that his client should be released on bail as she had “no free means” to communicate with her lawyers.
He said Samirah's letters of instruction to her lawyers have also been censored by the prison officer.
In a reply by a prison officer, Muhammad Shafee said the prison had cited a prison rule as the basis for the censorship.
“Some of the grounds for censorship are interests of national security, securing the prison security, and the prevention and detection of crime. But nothing of that sort has been raised about her.
“What the officer has done, she read the letter and did the censorship as she liked,” he alleged, adding that Samirah was willing to be placed with an electronic monitor if she were granted bail.
DPP Datuk Jamil Aripin said the defence had not proven exceptional excuse for the applicant to be granted bail.
He said there was a danger and high probability the accused would abscond, and probability of witness tampering.
“Even if she is not out on bail she can still see and give instructions to her lawyers.
“Her right to counsel will never be denied,” he said.
Last month, Samirah, 44, and two teenagers, 13 and 16, claimed trial to the murder of Nazrin.
They had been charged under Section 302 of the Penal Code, which was read together with Section 34 of the same Act.
The trio were charged together with Indonesian Eka Wahyu Lestari, who is still at large.
All four were accused of murdering Nazrin, 47, at a house in Mutiara Homes, Mutiara Damansara, between 11.30pm on June 13, 2018, and 4am the following day.
The two teenage boys were allowed bail at RM50,000 in two sureties for each of them.
The case is fixed for mention on June 31. Trial is set for Sept 3.