PUTRAJAYA: Nazrin Hassan’s widow, Samirah Muzaffar, and two others remain free after the Federal Court upheld their acquittal in the murder case of the former Cradle Fund chief executive officer.
In a unanimous decision, Court of Appeal president Justice Abu Bakar Jais said there was no reason to interfere with the findings of the lower courts.
“After reviewing the written grounds of judgment by the High Court and the Court of Appeal, we find no errors in the respondents’ acquittal,” he said.
Justice Abu Bakar, who chaired a three-judge panel of the Federal Court, added that the court found the prosecution had failed to establish a prima facie case, based on written and oral submissions.
“The prosecution also failed to prove a common intention that could have caused the victim’s death,” he said, before dismissing the prosecution’s appeal yesterday.
On March 12, 2019, Samirah and the two men, now aged 20 and 23, were charged with murdering Nazrin at his Mutiara Damansara home in Petaling Jaya between 11.30pm on June 13, 2018 and 4am the following day.
The two men were 13 and 16 at the time, and their identities were withheld due to their age.
The trio were charged alongside an Indonesian helper, Eka Wahyu Lestari, who remains at large.
They faced charges under Section 302 of the Penal Code, read together with Section 34.
On June 21, 2022, the Shah Alam High Court acquitted Samirah and the two men without requiring them to enter a defence, finding that the prosecution had failed to establish a prima facie case.
The prosecution appealed and on Feb 8, 2024, the Court of Appeal upheld the acquittal, citing insufficient evidence to prove guilt.
The court also found the evidence regarding claims of deliberate fire-setting to be inconclusive, noting contradictions between the Chemistry Department and Fire and Rescue Department investigators.
The court further highlighted flaws in the petrol analysis, which did not follow certified methods and skipped crucial steps.
The prosecution then appealed to the Federal Court, which has now dismissed the case.
Nazrin, 45, died on June 14, 2018, after his room caught fire at his home.
The Fire and Rescue Department received the report at 12.30pm and dispatched two fire engines and 14 personnel.
The case drew nationwide attention after Samirah was initially arrested to assist in police investigations.
