A three-member bench chaired by Yaacob Md Sam decided on it after deputy public prosecutor Zaki Asyraf Zubir told the court that the appeal records had been compiled.

The respondent, Ambika MA Shan, who is alleged to have committed the offence on her domestic worker Adelina Lisao was present in court.

Yaacob, who sat with Hadhariah Syed Ismail and Nordin Hassan, queried Asyraf over the reason for the appeal.

“The trial judge had erred in acquitting the respondent although the prosecution requested for a discharge not amounting to an acquittal (DNAA),” he said.

The prosecution in April last year filed a notice of appeal and a month later submitted its petition of appeal.

Some 30,000 people signed a petition seeking answers from the prosecution on the acquittal of Ambika for the alleged murder.

On April 19, the High Court in Penang granted Ambika an acquittal although the deputy public prosecutor conducting the case had requested for a DNAA.

The prosecution had called in three witnesses before deciding to apply for a DNAA.

Ambika was charged with murdering Adelina,26, who succumbed to multiple organ failure following the alleged abuse at a house in Bukit Mertajam.

It was reported that neighbours had spotted Adelina sleeping with a dog in the compound of Ambika’s home and that there were burn marks and bruises on her body.

Trial judge Akhtar Tahir in his judgment said the accused was set free mid-trial as the government lawyer did not offer valid grounds for a DNAA.

He said the defence lawyer, referring to Section 254 (3) of the Criminal Procedure Code, had urged the court to grant an acquittal citing the accused’s age and failing health.

“Reading Section 254 (3), it is clear that the court has in certain circumstances the discretion to order an acquittal instead of a DNAA,” he said in his judgment.

However, Akhtar said Ambika had only been acquitted of murder, and that the prosecution could still charge her with other offences if it wanted.

Ambika had been a remand prisoner as bail is not usually provided for those charged with offences that carry the death penalty.

Indonesia’s Consul General Bambang Suharto, who is based in Penang, was present to follow the proceeding.

The republic’s national news agency Antara and broadcast station TV1 had sent reporters to cover the case.

“The people and our government are closely monitoring this case. We want justice for Adelina,” Bambang told FMT.

Fake or not? Check our quick fake news buster here.