SHAH ALAM (April 12): The High Court yesterday dismissed an application pertaining to bail for Samirah Muzaffar who was charged with murdering her husband, Cradle Fund Sdn Bhd (Cradle Fund) CEO Nazrin Jassan in June last year.
Judge Datuk Ab Karim Ab Rahman made the decision after hearing submissions from Samirah’s lawyer Tan Sri Dr Muhammad Shafee Abdullah and the prosecution team led by Deputy Public Prosecutor Datuk Jamil Aripin.
Ab Karim said there was a possibility that the witnesses in the case would be disturbed if the accused was released on bail.
He said the witnesses were among family members and the incident occurred at the house of the accused and the victim, hence, there was a possibility for the witnesses to be harassed by the woman.
Ab Karim also said that the accused would be able to prepare her defence despite being on remand.
Muhammad Shafee had earlier submitted that his client's letters to the defence team had been censored.
“Some of the grounds for censorship are interests of national security, securing the prison security, and the prevention and detection of crime. But nothing of that sort has been raised about her.
“What the officer has done, she read the letter and did the censorship as she liked,” he alleged, adding that Samirah was willing to be placed with an electronic monitor if she were granted bail.
On this issue, Ab Karim said only a fraction of the content of the letters were censored but the entire content must have reached its meaning.
“The accused is allowed to meet her counsel for 45 minutes a week, subjected to prison rules.This should have not prohibit client-lawyer relation and it is impossible that the accused could not have prepared her defence,” he said.
The judge then dismissed the application and ordered for Samirah to remain on remand in prison.
He also fixed Sept 3 to 15 and Sept 23 to Oct 4 for trial.
On March 12, Samirah, 44, a former senior executive at Intellectual Property Corporation of Malaysia (MyIPO); two teenagers aged 14 and 17; and Indonesian national Eka Wahyu Lestari, who is still at large, were charged with the murder of Nazrin, 47, at a house in Mutiara Homes, near here, between 11.30 pm on June 13, 2018, and 4 am on June 14, 2018.
The charge, under Section 302 of the Penal Code and read together with Section 34 of the same code, provides for the mandatory death sentence upon conviction.
On March 27, the two teenage boys were allowed bail of RM50,000 in two sureties for each of them.
Meanwhile, Jamil said the defence had not proven exceptional excuse for the accused to be granted bail.
He said there was a danger and high probability the accused would abscond, and probability of witness tampering.
“Even if she is not out on bail she can still see and give instructions to her lawyers. Her right to counsel will never be denied,” he said.
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