Cradle Fund appeal: Blood spatter contained victim's DNA - prosecution

The blood spatter on the headboard of the bed where the body of Cradle Fund CEO Nazrin Hassan was found contained his DNA, the Court of Appeal heard today.

Deputy public prosecutor Yusaini Amer Abdul Karim told the three-person appellate bench chaired by Vazeer Alam Mydin Meera that this was based on the result of DNA profiling as testified by a witness.

The prosecutor said the Shah Alam High Court trial saw 39th prosecution witness Nizam Hussain, who is a forensic officer from Bukit Aman, testifying that a DNA profiling was carried out on the wooden floor at the crime scene.

Yusaini referred to the witness’s testimony that 15 cotton swabs of blood samples were taken from the scene and sent to the Chemist Department for analysis, which found the victim’s DNA.

The prosecutor submitted this today during the continued hearing of the prosecution’s appeal to quash the acquittal of Samirah Muzaffar and two teenagers over the 2018 murder of Nazrin.

During the Shah Alam High Court trial, the defence team led by Muhammad Shafee Abdullah submitted that there was no actual evidence of a blood spatter near where Nazrin was found dead.

The defence team contended that this was because the blood spatter was only discovered on Nov 5, 2018, which was five months after the incident.

The Court of Appeal bench, also comprised of judges Ahmad Zaidi Ibrahim and Azhahari Kamal Ramli, would resume hearing on Monday next week, with Shafee expected to counter-submit against the prosecution.

Trio acquitted

On June 21 last year, Shah Alam High Court trial judge Ab Karim Ab Rahman acquitted Samirah and the two teens after finding that the prosecution had failed to establish a prima facie case at the end of the trio’s trial.

He ruled that the situation at that time did not show the conduct of the accused and the two children had inflicted injuries which resulted in the victim’s death.

Ab Karim said the prosecution also failed to prove that there was a murder at the time alleged in the charge.

“The court found that the prosecution failed to prove a prima facie case against the accused (Samirah) and child one and child two. Therefore, the accused, child one and child two are acquitted and discharged from the murder charge,” the judge said.

Samirah and the two teenagers, as well as an Indonesian woman who is still at large - Eka Wahyu Lestari - were charged with murdering Nazrin, 45, at his house in Mutiara Damansara between 11.30pm on June 13, 2018, and 4am the following day.

The prosecution closed its case on Feb 14 last year, after calling 57 witnesses. The trial began on Sept 6, 2019.

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