The Federal Court today allowed Samirah Muzaffar, the wife of the late Cradle Fund chief executive officer Nazrin Hassan to be released on bail of RM500,000 with two sureties pending her murder trial.
Conditions of bail:
- Surrender passport to court
- Report to police station fortnightly
- Remain indoors from 6pm to 8am
- Prevented from going to public places and public functions except for family and religious matters
- Not to go out of KL or PJ without leave of the court
Federal Court judge Tan Sri Azahar Mohamed who chaired a five-man bench also imposed several conditions on Samirah, including surrendering her passport to the court and reporting to the police station once in two weeks.
He also said Samirah, 44, a former senior executive at Intellectual Property Corporation of Malaysia (MyIPO), must remain indoors from 6 pm to 8 am and she is also prevented from attending public places and public functions except for family and religious matters.
“The applicant (Samirah) is also not to leave Kuala Lumpur or Petaling Jaya without leave of the court,” said Justice Azahar.
In allowing Samirah’s application to be released on bail pending trial, Justice Azahar said the High Court judge failed to address his mind on the provision of Section 388 (1) of the Criminal Procedure Code which allows a woman who is facing a charge for non-bailable offence to be released on bail pending trial.
He said there were favourable circumstances to Samirah which were not adequately considered by the High Court including that she has two young children below the age of five which required her care.
Justice Azahar said Samirah had also given full cooperation during police investigations, which was also not adequately considered by the High Court judge.
He said the possibility of Samirah tampering potential witnesses in the trial was a vague assertion.
Justice Azahar said the High Court judge had failed to exercise his discretion judiciously when he disallowed Samirah’s bail application.
The other judges on the bench were Tan Sri Ramly Ali, Datuk Alizatul Khair Osman Khairuddin, Datuk Mohd Zawawi Salleh and Datuk Abang Iskandar Abang Hashim.
Samirah filed an application for bail at the Federal Court after the High Court and Court of Appeal rejected her bail application.
Samirah has been in detention since March 4. Her murder trial is to begin on September 3.
After the court’s decision, her counsel Tan Sri Muhammad Shafee Abdullah told reporters that Samirah would be posting bail tomorrow morning as her family needed to raise the bail money.
He said an Order To Produce (OTP) has been issued for Samirah to be present in the court at 9 am.
Muhammad Shafee said Samirah’s case is a landmark decision on bail from the highest court in the commonwealth jurisdiction.
“This decision shows that our law has become more reasonable.
“A person is presumed innocent until proven guilty,” he told reporters at the court.
Deputy public prosecutors Datuk Jamil Aripin and Jasmee Hameeza Jaafar appeared for the prosecution.