: A former IT executive of a gas company remains a free man when 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 Tan Sri Md Raus Sharif, dismissed the appeal following the prosecution's failure to serve the notice of appeal to Norazman Bashah Ahmad Azam Bashah, 36.
Deputy public prosecutor Mohd Hamzah Ismail, who prosecuted, told the court today that the prosecution was still not able to serve the notice to the respondent (Norazman Bashah).
Today was the third time the case came up for mention at the Federal Court.
Norazman Bashah, 36, was never in the court everytime the case came up for mention as the notice was not served to 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 when the matter comes up for mention)
"The prosecution is not able to serve the appeal notice for the third time, hence, the court dismisses the appeal by the prosecution," said Md Raus, who sat with judges Tan Sri Suriyadi Halim Omar, Tan Sri Ramly Ali, Datuk Dr Prasad Sandosham Abraham and Tan Sri Jeffrey Tan Kok Wha.
On May 28, 2015, the Shah Alam High Court acquitted and discharged Norazman Bashah from the murder charge after hearing the testimonies from 24 prosecution witnesses and one defence witness.
He was accused of killing Nur Syaleza, 31, at their residence in Saujana Apartment, Damansara Damai, Petaling Jaya, between noon and 7.30 pm 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.
Following which the prosecution appealed against the decision to the Court of Appeal.
On Feb 9 last year, the Court of Appeal upheld the acquittal. -- Bernama