The prosecution failed to prove a prima facie case of murder, as mere opportunity and last seen together evidence were insufficient without direct links to the crime.

Introduction

[1] There are two appeals before us. One by the prosecution and the other by the defence.

[2] The Appeal No B-05(LB)-282-06/2022 ("Appeal 282") concerns the prosecution's appeal against the decision of the High Court in acquitting and discharging all three respondents on grounds that the prosecution had failed to prove the 3rd element of the offence of murder, ie whether the respondents had caused the injuries which resulted in the deceased's death. Whilst, Appeal No B-05-293-07/2022 ("Appeal 293") is confined to the defence's appeal against certain findings made by the High Court in relation to the 2nd element of murder as to whether the deceased's death was caused by the injuries inflicted on him.

Background facts

[3] The respondents, together with another person still at large, were jointly charged with an offence of murder punishable under s 302 of the Penal Code . The charge read as follows:

"Bahawa kamu bersama-sama dengan seorang lagi yang masih bebas, iaitu Eka Wahyu Lestari (No. Passport Indonesia AT 752298), di antara jam 11.30 malam, 13 Jun 2018 dan jam 4.00 pagi, 14 Jun 2018 di rumah No 12A, Jalan PJU 7/24A, Mutiara Homes, Mutiara Damansara, di dalam daerah Petaling Jaya, di dalam Negeri Selangor, bagi mencapai niat bersama, kamu telah melakukan pembunuhan dengan menyebabkan kematian ke atas Nazrin bin Hassan (No. KP: 731030-10-5065) dan oleh yang demikian, kamu telah melakukan suatu kesalahan yang boleh dihukum di bawah s 302 Kanun Keseksaan dibaca bersama- sama s 34 Kanun yang sama."

[4] The trial proceeded against the respondents in the absence of the 4th co-accused, Eka Wahyu Lestari ("Eka"). The learned trial judge acquitted and discharged all the respondents at close of prosecution's case on grounds that the prosecution had failed to prove a prima facie case.

[5] This resulted in the prosecution filing Appeal 282 and the defence filing Appeal 293.

Summary Of The Prosecution's Case

[6] The prosecution's case, based on the evidence before the High Court, can be summarised as follows:

(i) The 1st respondent, Samirah binti Muzaffar ("Samirah") is the wife of the deceased, Nazrin bin Hassan. Both the 2nd respondent, Haziq Aiman bin Nizam Mydin ("Haziq") and the 3rd respondent, Naufal Aalif bin Nizam Mydin ("Naufal") are Samirah's sons from a previous marriage. Thus, Haziq and Naufal were the deceased's step-sons. All three respondents and the deceased lived in the same house at No 12A, Lorong PJU 7/24A, Mutiara Damansara, Selangor Darul Ehsan, situated within a gated and guarded community known as Mutiara Homes ("the family home"). The 4th co-accused, an Indonesian national, worked as their live-in house maid in the family home. Samirah had two other young children from her marriage to the deceased, who also lived in the family home.

(ii) During Ramadan at about 11.30pm on 13 June 2018, the deceased was dropped off by his driver, Muhammad Nabil Faqih bin Abd Rahim (PW28), at the family home.

(iii) The following day, on 14 June 2018 at about 12.24pm, one of Samirah's neighbours noticed thick smoke bellowing out from the top floor of the family home and immediately alerted one of the security guards of Mutiara Homes, namely, Pandit Raju Kumar (PW4).

(iv) Upon reaching the family home, PW4 saw smoke emanating from the upper floor. PW4 immediately made a call to the Fire & Rescue Department ("FRD") to alert them of the fire. Upon entering the house, it was clear to PW4 that fire had broken out inside the master bedroom upstairs. PW4 attempted to open