Wednesday, June 26, 2013

Shahril Jaafar, son of Datuk businessman, acquitted of murdering marketing executive, Chee Gaip Yap @ Kelab Cinta Sayang, Sungai Petani - www.facebook.com/fb.top.news

Why was Shahril afraid if he had done no wrong?

Why did he flee to Perth after being released on police bail?

Excerpt from report by The Sun Daily, "Car  salesman acquitted of murder":

The case received public attention as Shahril, 33, whose businessman father has a "Datuk" title, had fled to Perth in 2006 and had obtained permanent resident status there.

Shahril fled the country after he was released on police bail pending a DNA test, but was apprehended by police at the KL International Airport on arrival from Perth on Jan 17 last year.
He was charged with murdering Chee Gaip Yap, 25, in the compound of Kelab Cinta Sayang, Sungai Petani, between 5.30pm on Jan 14, 2006 and 3.05am the following day.
The victim's body was semi-nude when discovered on Jan 15 and she is believed to have been raped.

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The above court case resembles another court case back in 2008:

Saturday March 29, 2008

Court affirms Hanif’s acquittal in Noritta case

By RAPHAEL WONG

PUTRAJAYA: Engineer Hanif Basree Abdul Rahman is finally a free man after the Federal Court unanimously dismissed the prosecution’s appeal against his acquittal for a charge of murdering 22-year-old Noritta Samsudin five years ago.
In affirming Hanif’s acquittal, Court of Appeal president Justice Zaki Tun Azmi said he found that the trial judge as well as the Court of Appeal had correctly examined the evidence and correctly applied the principles when assessing the circumstantial evidence.
Engineer Hanif Basree Abdul Rahman hugging his mother, 68-year-old Che Norkiah Che Mahani, who became emotional after he was freed by the Federal Court in Putrajaya Friday on a charge of murdering 22-year-old Noritta Samsudin five years ago. The court dismissed the prosecution’s appeal against his acquittal following the High Court's decision not to call for his defence. Hanif, 40, expressed happiness at being able to get his life back on track and said that he would focus on his wife and three daughters. — Bernama
He said the prosecution had failed to discharge its burden in this particular case as there was a reasonable likelihood of the existence of another person who could have committed the offence.
“The most damning evidence against the prosecution was the presence of the man with the foul body odour in the apartment and the scientifically proven DNA of the ‘Unknown Male 1’ recovered from the deceased’s body which remained unrebutted,” he said.
Justice Azmi said the High Court judge was right in deciding not to call for Hanif’s defence and acquitted him at the close of the prosecution’s case.
On Jan 29, 2005, the Court of Appeal upheld the High Court’s decision to acquit 40-year-old Hanif Basree, a Shah Alam City Council engineer, of murdering Noritta, a business development executive and part-time guest relations officer, at a Puncak Prima Galleria Condominium apartment unit in Sri Hartamas, Kuala Lumpur, between 1.30am and 4am on Dec 5, 2003.
Yesterday, Justice Azmi said the prosecution’s attempt to introduce the evidence of the man with the foul body odour to link Hanif Basree to the scene of the crime was negated by Noritta’s apartment mate Azora Abdul Hamid, a prosecution witness, who had testified that he (Hanif Basree) did not have such odour.
“Her statement was not challenged by the prosecution and neither was any attempt made to show any disagreement with that evidence during cross-examination,” he said.
Justice Azmi also said the prosecution’s case had become hampered with the existence of Unknown Male 1’s DNA and that several inferences could be made from the findings of such evidence on Noritta’s body.
He said the discovery of Hanif Basree’s DNA profile on Noritta’s body per se was not sufficient to conclude that he had caused her death .
“Bearing in mind the accused’s (Hanif Basree) intimate relationship with the deceased, innocent explanations could be given of such findings. The accused is not charged with having intimate relations with the deceased,” he said.
Outside the court, Hanif Basree said he was extremely relieved and thanked Allah for seeing him through the ordeal.
“I still believe that justice will always prevail, whatever the circumstances,” he said, adding that he could get his life back on track by focusing on his wife Noraidah Mohamad and three daughters, aged between four and 13 years old, as well as his job.
Hanif Basree’s counsel Datuk V. Sithambaram said justice had been served fairly swiftly to fully vindicate his client

1 comment:

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