Zaki Tun Azmi PCA:

[1] The respondent in this appeal who is the accused (and hereinafter referred to as "the accused") was charged for the murder of his intimate friend, one Noritta binti Samsuddin (hereinafter referred to as "the deceased") on the 5 December 2003 between 1.30am and 4am in an apartment known as D-7-1 Kondominium Puncak Prima, Galeria, Jalan 17, Sri Hartamas, Kuala Lumpur At the close of the prosecution's case he was acquitted and discharged by the learned trial judge without being called for his defence. The Public Prosecutor now appeals to this court against the dismissal of that appeal by the court of Appeal.

[2] The deceased's body was found by her apartment mates, Kenneth Michael Yap Tiek Huat (SP12) and his girl friend and roommate, Nor Azora bte. Abdul Hamid (SP28) at about the time mentioned in the charge. She was found facing downwards and with her mouth stuffed with two face towels. Her hands were tied behind her with a black brassiere. Her legs were also tied but with a black electrical cord. Wet tissue papers were recovered from a waste paper basket in the deceased's room by SP29, ASP Shahrul Lailli bin Masduki, the Senior Investigation Officer (SI