Malaysia

Federal Court upholds verdict to acquit, discharge woman accused for maid murder

Housewife previously accused of killing Indonesian helper in 2018, report shows

Updated 4 years ago · Published on 23 Jun 2022 5:27PM

Federal Court upholds verdict to acquit, discharge woman accused for maid murder
A three-member panel comprising justices Datuk Vernon Ong Lam Kiat, Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang dismissed the prosecution’s appeal to overturn the high court’s decision. – The Vibes file pic, June 23, 2022 

PUTRAJAYA – The Federal Court today upheld a high court’s decision to acquit and discharge a housewife on a charge of murdering her Indonesian maid four years ago.

A three-member panel comprising justices Datuk Vernon Ong Lam Kiat, Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang dismissed the prosecution’s appeal to overturn the high court’s decision.

Deputy public prosecutor Datuk Mohd Dusuki Mokhtar appearing for the prosecution wanted the court to give S.Ambika a discharge not amounting to an acquittal (DNAA).

In the court’s decision, justice Vernon, who chaired the panel, said that the high court judge had exercised his discretion correctly to acquit and discharge Ambika.

He said the prosecution must give reasons why it did not want to proceed with its case.

“We scrutinised the appeal records, there was no reason given by the prosecution,” justice Vernon said, adding that a DNAA order could only be given if a good reason was provided.

A person who is acquitted and discharged for an offence cannot be charged again for the same offence while for a DNAA order, a person may be charged again at a later date.

Ambika, 62, was accused of murdering Adelina Lisao, 28, at her home in Medan Kota Permai 2, Bukit Mertajam, Penang on February 10, 2018.  

On April 18, 2019, the high court acquitted and discharged her although the prosecution had requested for DNAA. The prosecution lost its appeal which was dismissed by the Court of Appeal in 2020.

Ambika, who was in a wheelchair, was present in court.

Earlier, in today’s court proceedings, Dusuki had argued that the deputy public prosecutor handling the matter had requested for DNAA and told the high court that she received instructions from her superiors not to proceed with the case at that juncture.

Dusuki said there were no valid reasons given by high court judge Datuk Akhtar Tahir to acquit and discharge Ambika.

Lawyer Datuk Baldev Singh Bhar representing Ambika, said the high court was right to acquit and discharge Ambika and urged the court to dismiss the prosecution’s appeal.

Evidence presented in the court showed that Y. Anbananthan, another lawyer for Ambika, had submitted a representation to the AGC on April 4, 2019 after three prosecution witnesses testified.

On April 18, 2019, the deputy public prosecutor informed the high court judge that she did not want to proceed with the trial at that juncture and she could not give a reason for asking for DNAA which led the judge to acquit and discharge Ambika under Section 254 (3) of the Criminal Procedure Code.

Deputy public prosecutors Ku Hayati Ku Haron and Nahra Dollah also appeared for the prosecution. – Bernama, June 23, 2022 

Related News

World / 3d

Leader of a deviant sect sentenced to 200 years in prison for killing 190 children

Malaysia / 1w

Rayer questions decision to probe custodial death under Section 331 instead of murder

Malaysia / 2w

After 17 years on the run, murder suspect in Penampang case arrested

Malaysia / 3w

Customs officer found dead in quarters; Husband surrenders to police

Malaysia / 3w

Classmate charged with murder of Irene Sofiya

Malaysia / 4w

19-year-old charged with murdering student in Kuantan

Spotlight

Opinion

Can Najib break Madani?

World

Trump offers UFC CEO the position of Press Secretary

Malaysia

Building a great nation begins with happy families, says Anwar

Malaysia

Anwar should sack BN ministers who are not aligned with him – Muhyiddin

Malaysia

AGC rejects claims of defying King’s decree on Najib

Malaysia

Deepavali: Selangor Sultan calls on Malaysians to strengthen unity, reject hatred

Malaysia

If there were still obstacles, why accept the RM50m payment, asks Najib’s daughter

Malaysia

Where did UMNO's RM50 million payment for Najib's release come from?

By The Vibes Says

You may be interested

Malaysia

Malaysian man with two criminal records held in Brunei’s record 102kg drug bust

Malaysia

Android TV boxes may be compromised before reaching consumers, NACSA warns

Malaysia

17-year-old girl found dead near Putrajaya multi-storey car park

Malaysia

Melaka state election battle hinges on urban strongholds

Malaysia

The question remains: Who paid Najib's RM50m fine?

Malaysia

Eight swept away, nine stranded as Sungai Pertak current surges (UPDATED)

Malaysia

Seven held over RM28.4m Ar-Rahnu heist allegedly orchestrated by former manager

Malaysia

Woman jailed three months, fined RM5k for concealing birth, disposing baby's body