PUTRAJAYA: Cradle Fund chief executive officer (CEO) Nazrin Hassan, who was found dead in his home five years ago, is alleged to have intended to divorce his wife Samirah Muzaffar before the incident.
This statement was made by the prosecution in the Court of Appeal today, appealing the decision of the High Court to acquit and discharge Samirah and two teenagers of charges related to the murder of Nazrin.
Deputy Public Prosecutor Datuk Yusaini Amer Abdul Karim said that Nazrin's close friend, Eliza Elias, was informed about the marital issues between the couple and the CEO's intentions.
He said Nazrin had confided in Eliza, who is also the 29th prosecution witness (SP29), about the divorce issue discussed with Samirah.
"Furthermore, SP29 and SP47 (Nazrin's personal assistant, Nurul Anisah Abdullah) informed the court that Nazrin's performance at work began to deteriorate after he married the first respondent (Samirah).
"The CEO was facing financial problems, and there were disputes between the couple.
"Although all the respondents (Samirah and the two teenagers) tried to show the court that their marriage was a happy one, the reality was that Nazrin wanted to divorce the first respondent," he said.
He was speaking before a panel of three judges chaired by Datuk Vazeer Alam Mydin Meera, along with Datuk Ahmad Zaidi Ibrahim and Datuk Azhahari Kamal Ramli.
Samirah, the two teenagers, and an Indonesian national who is still at large, Eka Wahyu Lestari, are accused of killing Nazrin at a residence in Mutiara Damansara between 11:30 pm on June 13, 2018, and 4 am on June 14, 2018.
On June 21, 2022, Judge Datuk Ab Karim Ab Rahman acquitted and discharged all three individuals after finding that the prosecution had failed to prove a prima facie case against Samirah, 48, and the two teenagers aged 17 and 20.
Ab Karim reportedly stated that the prosecution had only made mere allegations when accusing all three of them of killing the CEO of Cradle Fund as stated in the charge sheet.
On February 14 of the same year, the prosecution closed its case after calling 57 witnesses, including the Director of the Kuala Lumpur Fire and Rescue Department (JBPM), Edwin Galan Anak Teruki; Forensic Pathologist at Kuala Lumpur Hospital (HKL), Dr. Siew Sheue Feng, and Nazrin's residence security guard, Raju Kumar Pandit.
Yusaini Amer argued that the High Court's decision was not consistent with the precise findings based on the facts and evidence presented by the prosecution.
"Based on the evidence presented, the appellant humbly submits that cumulatively, the evidence leads to only one conclusion, that all the respondents are responsible for Nazrin's death, with no one else.
"Based on the fact that the respondents were the last individuals with Nazrin, it is reasonable to infer that the respondents had the opportunity to kill Nazrin," he said.
Meanwhile, Samirah and the two teenagers' defence lawyer, Tan Sri Muhammad Shafee Abdullah, described the divorce issue raised by the prosecution as unclear.
"Moreover, there is testimony from the deceased's sister, Che Elainee Che Hassan (SP21); the deceased's driver, Ahmad Edree Abdul Rashid (SP25); Nurul Anisah (SP47), and the deceased's coworker, Eliza (SP29), regarding the good relationship between the deceased and Samirah.
"In conclusion, there is no evidence to suggest that Nazrin's fatal injuries were caused by those accused," he said.
The proceedings for the appeal will continue tomorrow.
