Hanif Basree Walks Out A Free Man After Federal Court Upholds Acquittal
Shah Alam City Council engineer Hanif Basree Abdul Rahman walked out a a free man Friday after the Federal Court here upheld his acquittal on a charge of murdering business development executive Noritta Samsuddin.
The five man-bench comprising Justices Datuk Arifin Zakaria, Datuk Nik Hashim Ab.Rahman, Datuk Hashim Yusoff, Datuk Zulkefli Ahmad Makinuddin and Tan Sri Zaki Tun Azmi (now Court of Appeal president) unanimously threw out the prosecution's appeal to set aside the High Court's decision to free Hanif.
Zaki, who delivered the judgment, said that the High Court and Court of Appeal had correctly examined the evidence adduced and applied the correct principles in coming to their findings.
"The prosecution has not discharged its burden in this case. The trial judge was right in deciding not to call Hanif to make his defence and subsequently discharging and acquiting him," Zaki said.
On Jan 29, 2005, the Court of Appeal dismissed the prosecution's appeal to set aside the High Court's decision on July 2004 acquitting Hanif without calling for his defence.
Hanif, 39, was accused of killing Noritta, 22, at No D-7-1, Puncak Prima Galleria Condominium in Sri Hartamas, Kuala Lumpur, between 1.30am and 4am on Dec 5, 2003.
The whole panel was present except for Justice Arifin who had some business to attend to. (Bernama)
Image - Source
The five man-bench comprising Justices Datuk Arifin Zakaria, Datuk Nik Hashim Ab.Rahman, Datuk Hashim Yusoff, Datuk Zulkefli Ahmad Makinuddin and Tan Sri Zaki Tun Azmi (now Court of Appeal president) unanimously threw out the prosecution's appeal to set aside the High Court's decision to free Hanif.
Zaki, who delivered the judgment, said that the High Court and Court of Appeal had correctly examined the evidence adduced and applied the correct principles in coming to their findings.
"The prosecution has not discharged its burden in this case. The trial judge was right in deciding not to call Hanif to make his defence and subsequently discharging and acquiting him," Zaki said.
On Jan 29, 2005, the Court of Appeal dismissed the prosecution's appeal to set aside the High Court's decision on July 2004 acquitting Hanif without calling for his defence.
Hanif, 39, was accused of killing Noritta, 22, at No D-7-1, Puncak Prima Galleria Condominium in Sri Hartamas, Kuala Lumpur, between 1.30am and 4am on Dec 5, 2003.
The whole panel was present except for Justice Arifin who had some business to attend to. (Bernama)
Image - Source
Labels: Legal Matters., Whodunnit.
5 Comments:
Methinks there is more to this case than meets the eye.
The whole investigation was patently inept. Witnesses mentioned there was somebody else (didn't sound like Hanif) who was there, yet police never bothered to follow up the lead. Months later it was impossible to chase anything up.
Norita's case is just going to be another cold case, with no other leads now.
Typically, the inept Police force "botched" up the investigation. Not the first time & certainly it won't be the last time, seeing how nothing has changed (except their "logo").
The Prosecution really had nothing to go with.
Just watch, we will see the same thing happen with the Razak Baginda Case!
Err, did she kill herself ?
Hehehehe...have you ever tried to tie up your own hands behind your back and try choke yourself ?
Everyone knew it was not Hanif.....no need till Federal Court level....wasting tax payers money for this sandiwara....the real culprits are our useless police force....no wonder the BN got kicked out....need to kick them out in the other eight seats for making Malaysia a laughing stock....
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