Kes Hanif V Norita

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DALAM MAHKAMAH PERSEKUTUAN MALAYSIA (BIDANG KUASA RAYUAN) RAYUAN JENAYAH NO. 05-4-2005(W) ANTARA PENDAKWA RAYA DAN HANIF BASREE BIN ABDUL RAHMAN KORAM: … RESPONDEN … PERAYU ZAKI TUN AZMI, PCA ARIFFIN BIN ZAKARIA , FCJ NIK HASHIM BIN NIK AB. RAHMAN, FCJ HJ. HASHIM BIN DATO’ HJ. YUSOFF, FCJ ZULKEFLI BIN AHMAD MAKINUDIN, FCJ JUDGEMENT OF ZAKI TUN AZMI, PCA The respondent in this appeal who is the accused (and hereinafter referred to as “the accused”) was charged for the murder of his intimate friend, one Noritta binti Samsuddin (hereinafter referred to as “the deceased”) on the 5th December 2003 between 1.30 a.m. and 4.00 a.m. in an apartment known as D-7-1 Kondominium Puncak Prima, Galeria, Jalan 17, Sri Hartamas, Kuala Lumpur. At the close of the prosecution’s case he was acquitted and discharged by the learned trial judge without being called for his defence. The Public Prosecutor now appeals to this court against the dismissal of that appeal by the Court of Appeal. 1 The deceased’s body was found by her apartment mates, Kenneth Michael Yap Tiek Huat (SP12) and his girl friend and roommate, Nor Azora bte. Abdul Hamid (SP28) at about the time mentioned in the charge. She was found facing downwards and with her mouth stuffed with two face towels. Her hands were tied behind her with a black brassiere. Her legs were also tied but with a black electrical cord. Wet tissue papers were recovered from a waste paper basket in the deceased’s room by SP29, ASP Shahrul Lailli bin Masduki, the Senior Investigation Officer (SIO). I. ISSUES The facts of the case were very well spelt out in the judgment of the High Court and that of the Court of Appeal. I do not need to regurgitate them here. I will only refer to those facts that are subject of dispute. Broadly, the main issues are: a) Whether from the pathologist’s and chemist’s evidence it can be

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