Swarna Shukla –
Published On: November 23, 2021 at 21:45 IST
A hospital Medical Assistant heaved a sigh of relief after the Federal Court of Malaysia upheld his Acquittal over the murder of a religious female school clerk in Bukit Pasir, Muar, six years ago.
Zurailie was accused with murdering Nurul Shahira Mohamed Yatim, 29, who was his neighbour, at her house in Jalan Sungai Terap, Muar, on November 16, 2015.
He was charged under Section 302 of the Penal Code that carried the death penalty upon conviction.
Chief Justice Tun Tengku Maimun Tuan Mat, who drove a three-part board, said “There was no blunder made by the High Court and Court of Appeal decided in deciding that the arraignment had neglected to demonstrate a by all appearances argument against Zurailie Muhamad, 36.”
“Therefore, the public prosecutor’s appeal is rejected. The decision of the High Court and the Court of Appeal is affirmed,”stated Justice Tengku Maimun, who presided with Federal Court Judges Puan Sri ZalehaYusof and Datuk Harmindar Singh Dhaliwal.
The Public Prosecutor appealed against the decision of the Court of Appeal on Nov 6, 2019, which upheld Zurailie’s Acquittal after the Johor Baru High Court Acquitted and discharged him on Jan 28, 2018, without calling him to enter his defence at the end of the Prosecution’s case.
The High Court judge had ruled that the Prosecution could not prove the presence of Zurailie’s DNA profile on the victim’s body and clothes and there were loopholes in its case.
Previously, Deputy Public Prosecutor Faizah Mohd Salleh submitted that there was sufficient evidence that could link the Respondent (Zurailie) to the victim’s death.
Faizah submitted that the Respondent’s action in repeatedly asking the deceased’s husband not to allow a post-mortem on his wife because, as an individual working in the medical field, he should have known the importance of such an examination.