Widow, 2 men acquitted in ‘body never
found’ murder trial

Tengku Maimun said the prejudice suffered by Siti Nor Asiah Abdul Wahad, 32, Zulhiami
Md Darus, 37, and Rahmat Nazarudine, 29, at the trial rendered their convictions unsafe.
She said their primary complaint revolved around the conflicting date and time the alleged
offence was said to have been committed.
The charge sheet originally claimed that Fairul Haqimmie Mokhtar was murdered between
12.30am and 1am on Aug 29, 2016.
However, at the close of the prosecution case, it was said the offence was committed at 4am
on Aug 29, 2016.
In his grounds of judgment, the trial judge said the offence was committed at 4am on Aug 30,
2016.
Earlier, counsel Kitson Foong, who represented Zulhiami, said the court should have
amended the charge and read it to the accused persons.
"In this case, the law was rewritten and we want this court to correct it," he said, adding that
there was a "miscarriage of justice".
Foong said the appellants ought to have been allowed the opportunity to recall witnesses, but
were unaware that the charge had been amended.
Lawyer Geethan Ram Vincent, who appeared for Siti, a widow, submitted that the conviction
was not safe as the prosecution was relying purely on circumstantial evidence.
"My client was also prejudiced and not accorded a fair trial as provisions in the Criminal
Procedure Code were not adhered to," he said.
Counsel Fahri Azzat, who represented Rahmat, said the trial judge misdirected himself by
imposing the burden of proof on the appellants.
He said the prejudice suffered was so grave that the conviction was unsafe and warranted
appellate intervention.
Deputy public prosecutor Parveen Hameedah Natchiar, on the other hand, said the findings of
the trial judge, affirmed by the Court of Appeal, were supported by overwhelming evidence.
"Any irregularity can be cured under Section 422 of the Criminal Procedure Code," she said.
The trio were charged under Section 109 of the Penal Code read together with Section 302 of
the Penal Code for murder.
In late 2019, Justice Abdul Halim Aman sentenced Siti, Zulhiami and Rahmat to death for the
murder of Fairul.
He found that Zulhiami and Siti were charged with planning and abetting Fairul’s murder by
Rahmat, which was carried out at an apartment in Taman Sentosa, Klang.
The motive for the crime was not revealed in court.
A prosecution witness had testified that Rahmat hit Fairul with a piece of wood, which
caused the victim to collapse. He also said he heard Siti suggesting that Rahmat wrap the
body in a mattress and dump it in a river in Section 24, Shah Alam.
The body was never found.