SHAH ALAM: The High Court set March 27 to hear whether two teenagers accused of murdering Cradle Fund chief Nazrin Hassan can be released on bail pending their trial.
High Court judge Ab Karim Ab Rahman deferred the decision to next week after hearing lengthy arguments from their lawyer, Hisyam Teh, and deputy public prosecutor Jamil Aripin.
“The court needs times to go through the affidavits and documents filed for this bail application as this is an important case,” he said.
The teens were charged with murdering Nazrin between June 13 and 14 last year at his Kota Damansara home. Nazrin’s widow, Samirah Muzaffar is also accused of murder.
During the teens’ case mention on March 12, their lawyers claimed one of them was sexually and physically assaulted while under detention.
Hisyam earlier argued that the High Court can exercise its discretion under the Criminal Procedure Code to allow bail for children charged with serious crimes.
“Children should not be incarcerated and they must be protected.
“We should apply the legal principles that they are innocent until they are proven guilty,” he said, adding the boys are ready to comply with the conditions set by the court.
Hisyam also said there is no basis for the prosecution team to allege that there is a possibility of tampering with witnesses by the boys.
“It is merely speculation,” he added.
Meanwhile, deputy public prosecutor Jamil Aripin told the court that murder is an unbailable offence.
He also said that the allegation of sexual and physical assault against one of the boys is unfounded.
“The contents of the father’s police report and the affidavit contradicted one another over the said assault.
“The court must not treat the allegation as special circumstances to allow bail,” Jamil added.
Nazrin’s death was initially classified as sudden death. Police later reclassified it as murder after investigations found traces of gasoline at the scene.