Samirah Muzaffar, who is accused of murdering her husband, Cradle Fund chief executive officer Nazrin Hassan, has been denied bail again pending trial.
Her application to be released on bail pending trial on Sept 3 this year was unanimously dismissed today by the Court of Appeal three-member bench comprising Justices Datuk Kamardin Hashim, Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah.
“We are not persuaded that the learned judge (High Court judge) had committed error in exercising his discretion not to allow bail. The notice of motion is dismissed,” said Justice Kamardin, who chaired the bench.
Today’s decision means Samirah will remain in detention until the disposal of her husband’s murder case.
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.
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 this year, a High Court in Shah Alam granted bail of RM50,000 in two sureties each to the two teenage boys.
Meanwhile, Samirah filed a fresh application for bail at the Court of Appeal after her first bail application was rejected by the High Court on April 11 this year.
Her counsel Tan Sri Muhammad Shafee Abdullah told the court that he would bring the matter to the Federal Court and requested the court to write a judgment.
Earlier, the court heard submissions by deputy public prosecutor Datuk Jamil Aripin, who argued that if Samirah was given bail, it might prejudice the prosecution’s case as there could be a possibility of tampering of witnesses.
“Besides, it will cause a public outcry, and it is unfair to other people accused of murder as they too were remanded throughout their trials,” Jamil added.
The court had heard the matter on April 26 and the hearing resumed today.
Jamil also dismissed Shafee’s argument that there was no motive for Nazrin’s murder, adding that the prosecution would adduce evidence at the trial to show there was motive.
Shafee submitted that there were special circumstances to grant bail to Samirah and the court could exercise its discretion to do so for capital offences.