Justice Vazeer Alam Mydin Meera, who led a three-member bench hearing the appeal, said the prosecution had failed to prove all the ingredients of the murder charge.
“We find the prosecution has failed to prove a prima facie case. The appeal is dismissed and the order of the High Court is affirmed, but for different reasons,” he said.
Also hearing the appeal were Justices Ahmad Zaidi Ibrahim and Azhahari Kamal Ramli.
On June 21, 2022, the Shah Alam High Court acquitted Samirah Muzaffar, 47, and the two teenagers of the charges after holding that the prosecution had failed to establish its case.
The three defendants – plus an Indonesian woman, Eka Wahyu Lestari, who is still at large – were accused of killing Nazrin, 45, at his house in Mutiara Damansara between 11.30pm on June 13, 2018, and 4am the following day.
Vazeer, who read the broad grounds, said the trial judge had accepted forensic pathologists Dr Siew Sheue Feng and Dr Prashant Samberkar as credible witnesses as regards the cause of Nazrin’s death.
However, he said the High Court leaned towards Prashant’s testimony that Nazrin died from a head injury, which was the result of “multiple blunt (force) impact to the head”.
Vazeer said the trial judge, however, failed to take into account the evidence of Siew, who examined Nazrin’s body shortly after his death.
The defence said most of the injuries suffered by the deceased were consistent with a blast pattern rather than the use of a hammer, as claimed by the prosecution.
Vazeer also said the bench could not accept the evidence of Aznor Sheda Samsudin, an officer from the fire and rescue department, regarding the finding of petrol in the deceased’s room. Instead, he said the judges preferred the testimony of witnesses from the chemistry department.
“The judge failed in his appreciation of evidence as Aznor conducted her test in a rush and did not follow procedures and international protocols,” he said, adding the bench was unable to accept that the fire was deliberately started.
During the trial, three chemistry department chemists – N Sivabalan, B Govindra Raj and V Renuka – contradicted Aznor’s findings that there were traces of petrol in Nazrin’s room.
Samirah and the boys were challenging the High Court’s findings that the fire which broke out in Nazrin’s room on June 14, 2018, was “not accidental”.
Vazeer said the prosecution failed in its attempt to link the alleged murder to the trio and an Indonesian woman based on the “last seen” theory.
“No adverse inference can be made against them on guilt just because they were last seen with the deceased,” he added.
The bench also noted that there was no bad relationship between Samirah and Nazrin to establish a motive for the crime.
“The deceased’s sister (Che Elainee Che Hassan) gave evidence that Samirah had a good relationship (with Nazrin). This negated the guilty conduct,” he said.
Vazeer said the bench also took into account evidence that the deceased and Samirah were a loving and intimate couple, as revealed by text messages between the duo a few days prior to the incident.
He said the prosecution’s case was flawed as it did not attempt to secure the evidence of the Indonesian woman although the investigating officer conceded she was found working in a kopitiam outlet in Kuching.
Deputy public prosecutors Yusaini Abdul Karim, Amril Johari and Nur Sabrina Zuhairi appeared for the prosecution while counsel Shafee Abdullah, Rahmat Hazlan, Rahmat Abu Bakar and LS Leonard represented Samirah and the teenagers.
Leonard said truth and justice had prevailed with today’s ruling.
“After 100 days of trial, the High Court acquitted them. Today, the appellate court also found that the fire and death of Nazrin was accidental. Justice has been served,” he told the media.
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