PUTRAJAYA: A former IT executive of a gas company remains a free man after the Federal Court here today dismissed an appeal by the prosecution against his acquittal on a charge of murdering his wife, TV9 administrative executive Nur Syaleza Jaffar.
A panel of five judges, led by Chief Justice Md Raus Sharif, dismissed the appeal following the prosecution’s failure to serve the notice of appeal on Norazman Bashah Ahmad Azam Bashah, 36.
Deputy public prosecutor Mohd Hamzah Ismail, who prosecuted, told the court today the prosecution was still not able to serve the notice on the respondent (Bashah).
Today was the third time the case had come up for mention at the Federal Court.
Bashah, 36, was never in the court everytime the case came up for mention as the notice was not served on him.
The case came up for mention at the Federal Court for the first time on Dec 6 last year, and then on Feb 16 this year and today was the third.
(In an appeal case by the prosecution, the respondent is required to be in court whenever the matter comes up for mention.)
“The prosecution was not able to serve the appeal notice for the third time, hence the court dismisses the appeal by the prosecution,” said Raus, who sat with judges Suriyadi Halim Omar, Ramly Ali, Prasad Sandosham Abraham and Jeffrey Tan Kok Wha.
On May 28, 2015, the Shah Alam High Court acquitted and discharged Bashah from the murder charge after hearing the testimony from 24 prosecution witnesses and a defence witness.
He was accused of killing Nur Syaleza, 31, at their residence at Saujana Apartment, Damansara Damai, Petaling Jaya, between noon and 7.30pm on July 28, 2012.
The charge, under Section 302 of the Penal Code, carries the mandatory death penalty upon conviction.
Nur Syaleza’s body was found hanging from the ceiling fan in their bedroom.
The prosecution appealed against the decision to the Court of Appeal.
On Feb 9 last year, the Court of Appeal upheld the acquittal.