
A three-member Court of Appeal bench chaired by Vazeer Alam Mydin Meera said the High Court trial judge had misdirected himself in acquitting hawker Usuf Matli after the close of the prosecution’s case.
“We find that the prosecution had established a prima facie case after considering the evidence of a child, together with other witnesses, the conduct of the respondent (Usuf) and other circumstantial evidence,” he said in allowing the prosecution’s appeal.
Vazeer said evidence showed that Usuf was the last person to be seen with the victims – Salamah Yusof, Fatimas Ali and the child, Asnawi Ahmad.
Their age could not be determined as all carried Cambodian passports.
Vazeer, who sat with Ahmad Nasfy Yasin and Hashim Hamzah, said Usuf had also led police to discover their bodies.
“The prosecution’s appeal has merit and the decision of the High Court to acquit Usuf is set aside,” he said.
Vazeer said Usuf will enter his defence before the same trial judge. Case management will be held on May 18.
The bench also postponed Usuf’s appeal against conviction for the murder of another child, Rahimy Yusuf.
Usuf is said to have murdered the four at a Felcra oil palm plantation at Batu 7 Kampung Sijangkang, Telok Panglima Garang in Kuala Langat, Selangor.
The crime is said to have taken place between 3am and 1.30pm on Sept 9, 2016.
It was revealed in court that a group of Cambodians had set up a settlement near the plantation.
Deputy public prosecutor Ku Hayati Ku Haron prosecuted while Rosal Azimin Ahmad, Nabil Ashraff Redzuan and Najiah Zaimah Aris represented Usuf.