Deputy public prosecutor Yusaini Amer Abdul Karim said Samirah and the teenagers’ conduct was “questionable” on the day of the incident, June 14, 2018.
He pointed out that a witness, a security guard in the housing area, had confronted Samirah about smoke coming out of her house and asked why she had not called the fire department.
“The first thing that she should have done is call the fire department. Instead, she just stood at the porch and did nothing, thus raising suspicion.
“This is not a reasonable response from a person who has seen a fire break out (in their house),” Yusaini said.
The prosecution is appealing to challenge the lower court’s finding that freed Samirah and the teenagers last year.
Samirah, the boys, and Indonesian maid Eka Wahyu Lestari, who is at large, were charged with the murder of Nazrin at the family home in Mutiara Damansara on June 14, 2018. The boys cannot be identified as they were minors at the time.
The Shah Alam High Court held that the prosecution failed to prove the murder charge against them.
Yusaini also told the appellate court that the fire incident was a “staged crime scene” and Nazrin had died before it broke out.
“The fire accident was made up by the three accused persons, as the deceased’s (Nazrin) phone did not explode (as claimed),” he added.
To that, Justice Vazeer Alam Mydin Meera asked the DPP if the prosecution adduced evidence during the trial that showed the trio’s motive for committing the alleged crime.
Yusaini said nothing about motive was mentioned during the trial, but that the prosecution had relied on circumstantial evidence and the trio’s conduct after the incident.
No motive
Lawyer Shafee Abdullah, who represented Samirah and the boys, told the court that the motive in the prosecution’s case was “vague”.
“The prosecution tried to show that she and Nazrin had a ‘bad relationship’ and that he wanted to divorce her.
“However, at the same time, they also admitted that the motive was unclear,” he said, pointing out that several witnesses, including Nazrin’s sister Che Elainee Hassan, testified that the couple had a good and loving relationship.
Shafee said the prosecution tried to tie the trio to Nazrin’s death by applying the “last-seen theory” as they were staying at the same house during the material time.
“The last-seen theory was based on their (the prosecution’s) assumption, but there was no evidence linking them to the crime,” he added.
Shafee also told the court that the defence did not agree with a part of the High Court ruling that held the fire had been deliberately ignited.
He pointed out that the chemistry department’s witness testified that no trace of petrol was found on any of the items in the room.
The hearing continues on Sept 5. Other judges who heard the appeal were Justices Ahmad Zaidi Ibrahim and Azhahari Kamal Ramli.