PUTRAJAYA, Dec 9 — The Court of Appeal has overturned the conviction of a former roti canai maker for the murder of a female auxiliary police personnel at an apartment in Damansara Damai six years ago.
The tribunal, consisting of Judges Datuk Azman Abdullah, Datuk Ahmad Fairuz Zainol Abidin, and Datuk Hayatul Akmal Abdul Aziz, unanimously decided to acquit and free Mohamad Farreyl Haikal Abdullah, 28, after setting aside the Shah Alam High Court’s verdict on June 25 last year that sentenced him to life imprisonment and 12 lashes.
“The High Court judge erred as they failed to consider the chemist's report proving the presence of another unidentified man (in the house).
"The report showed the existence of deoxyribonucleic acid (DNA) belonging to another individual on a cigarette butt, briefs and pillow in the room of the victim that allows for the presence of another party in the deceased’s room.
“No statement submitted to support the prosecution’s argument that was based on the last seen principle to charge the appellant,” said Judge Azman.
Farreyl was convicted of murdering Nor Aisyah Abdullah, 25, at an apartment in Damansara Damai between 2am on October 17, 2019, and 12.45am on October 18, 2019, under Section 302 of the Penal Code.
Deputy Public Prosecutor Mohd Asnawi Abu Hanipah had earlier argued that the appellant’s DNA in the house was solid proof that he was with the deceased prior to her death.
“The appellant admitted to smoking a cigarette, and his DNA was found on the cigarette butt taken by the forensics team,” he said, adding that testimony from the pathology forensics expert (SP3 - third prosecution witness) also stated the cause of death of the deceased was smothering as stated in the autopsy report.
“Smothering can be caused by hand or any object. SP3 stated that the victim suffered injuries, including a broken nose, tears under the lip and bruising on both eyes consistent with smothering with fingers, not using a soft pillow.
“Therefore, the High Court judge did not err in terms of facts and the law when he convicted the appellant,” Asnawi said.
Meanwhile, lawyer Fahri Azzat, representing the appellant, submitted that the High Court judge failed to consider the contents of the chemist's report, as well as the oral and written testimony of SP12 (chemist), which confirms the existence of two unknown DNA profiles, that disproved that the appellant had exclusive access to the unit (house).
He said the judge failed to consider that there is a dearth of DNA evidence proving that the appellant was present in the deceased's room, the DNA of 'Lelaki 1' was found instead, even on a pillow which could have been used to smother the deceased.
“The judge failed to consider the investigations officer's admission that he had never considered the contents of the chemist's report throughout his investigations, thus showing insufficient and lackadaisical investigation,” Fahri said.
