[UPDATED] Samirah Muzaffar, two teens acquitted of murder of Cradle Fund CEO

SHAH ALAM – Samirah Muzaffar and two teenagers have been acquitted by the high court here today of a charge of murdering then-Cradle Fund chief executive officer Nazrin Hassan.

Presiding judge Datuk Ab Karim Ab Rahman said the decision was made after the court found that the prosecution had failed to establish a prima facie case against Nazrin’s wife and both teenagers. 

He ordered for the suspects to be discharged without calling for their defence against the charge under Sections 302 and 34 of the Penal Code, which carries a mandatory death sentence. 

“After hearing witness testimonies offered by the defence, prosecution and relevant authorities, the court finds that the prosecution has failed to prove that all three accused were at the scene during the proposed time of death,” he said. 

When met by the media outside the courtroom here, the deceased’s brother Dr Abdul Aziz Hassan said that he will be personally requesting for an inquest to look into Nazrin’s cause of death if prosecutors decide not to file an appeal. 

“Many questions are still unanswered. We are still grateful although the court’s decision does not side with our family,” he told the media outside the courtroom.  

“For the sake of justice, we hope that the prosecutors will appeal against the judgement.”

The victim’s sister, Che Elainee Che Hassan, expressed similar sentiments, saying: “We’re not going after anybody or trying to send anybody to the gallows, we just want the truth, that’s all.” 

Speaking to the media after the judgement was delivered, defence team lawyer Tan Sri Muhammad Shafee Abdullah noted that an appeal can only be lodged by prosecutors or the attorney-general and not the victims’ family members. 

“Relatives of the deceased are sure to have their needs but the fairest person would be the attorney-general,” he said, adding that if an appeal were to be submitted, the defence counsel would be ready to prove their stand once again. 

“If there is an appeal from prosecutors, that is a chance for us to prove the details of our case and we stand to win.” 

On April 22, Karim fixed May 30 to deliver his decision after hearing submissions from both parties at the end of the prosecution case. However, the date had been postponed to today.

The prosecution team comprised deputy public prosecutors Mohd Asnawi Abu Hanipah, Tengku Intan Suraya Tengku Ismail and Nur Sabrina Abu Bakar, while the defence team consisted of lawyers Tan Sri Muhammad Shafee Abdullah and Rahmat Hazlan.

The prosecution closed its case last February 14 after calling 57 witnesses, including the deceased’s older siblings, brothers Dr Abdul Aziz and Dr Malek Reedzwan and sister Che Elainee; Kuala Lumpur Fire and Rescue Department director Edwin Galan Teruki; pathology forensic officer from Kuala Lumpur Hospital Dr Siew Sheue Feng; and a security guard at the deceased’s residence, Raju Kumar Pandit.

Hearing of the case began on September 6, 2019.

On March 12, 2019, Samirah Muzaffar, 47, and the two teenagers, now aged 19 and 16, as well as an Indonesian woman, Eka Wahyu Lestari, who is still at large, were all charged with murdering Nazrin at his house in Mutiara Damansara, between 11.30pm on June 13, 2018, and 4am the following day. – The Vibes, June 21, 2022