Judge Rohani Ismail ordered the woman to be released after finding the prosecution had failed to establish a prima facie case against A Mariyammah, 39, at the end of the prosecution case.
“After listening to the testimony of the witnesses and considering the arguments presented by both parties and based on a comprehensive evaluation of all the evidence, I find that the prosecution has failed to prove a prima facie case.
“The accused is acquitted and discharged without having to enter her defence,” she said.
Mariyammah was charged under Section 302 of the Penal Code with murdering her daughter at Apartment Matahari Height, Jalan Persiaran Senawang 8, Seremban, between 5.30pm and 6.30pm on Sept 5, 2020.
The prosecution was handled by deputy public prosecutor Syamimi Farhana MA Aziz while lawyers S Paul Krishnaraja and Amy Chong represented Mariyammah.
Dad, 75, freed from charge of killing son
In another case, the Shah Alam High Court today discharged and acquitted a 75-year-old father from the charge of murdering his son three years ago.
Judicial Commissioner Hazlina Hussain freed S Krisman after ruling that the defence had successfully raised reasonable doubt at the end of its case.
Krisman was accused of killing his son, Apacnaidu, 37, at a house in Jalan Kemudi, Taman Bernam Jaya, Ulu Bernam, between 11am and 11.30am on Nov 3, 2021.
He was charged under Section 302 of the Penal Code, which carries the death penalty upon conviction.
In her judgement, Hazlina noted that while the prosecution presented circumstantial evidence and relied on the “last seen theory” to establish the case, there were no eyewitnesses to the crime.
“The accused’s DNA (deoxyribonucleic acid) was not found on the knife, and the court identified two different DNA samples at the scene.”
On June 12, the court ordered Krisman to enter his defence after ruling that the prosecution had established a prima facie case at the close of its case.
Krisman was represented by lawyers Vasu Appu and Jenifer Irithisamy, while deputy public prosecutor Tengku Intan Suraya Tengku Ismail led the prosecution.