Tan Yi Liang
PUTRAJAYA (March 28, 2008): Shah Alam City Council engineer Hanif Basree
Abdul Rahman walked away a free man after the Federal Court upheld his
acquittal on a charge of murdering 22-year-old business development
executive Noritta Shamsuddin in 2003.
He was accused of murdering her between 1.30am and 4am on the Dec 5,
2003, in No D-7-1, Puncak Prima Galleria Condominium in Sri Hartamas.
Noritta was found naked with hands and feet bound by a black bra strap
and electrical wires.
The five-man bench made up of Justices Datuk Arrifin Zakaria, Datuk Nik
Hashim Ab. Rahman, Datuk Hashim Yusoff, Datuk Zulkefli Ahmad
Makinuddin, was led by Court of Appeal President Tan Sri Zaki Tun Azmi
unanimously rejected the prosecution' s appeal to set aside the High
Court decision to acquit Hanif.
The decision by the Federal Court upholds not only the 2003 High Court
acquittal, but also a January 2005 decision by the Court of Appeal in
Zaki, in delivering his judgment cited the prosecution failed to prove a
prima facie case, naming two grounds for acquittal, which were:
> The presence of a man with a foul body odour seen fleeing Noritta's
apartment shortly before her body was found; and
> The presence of DNA from an unknown man recovered from Noritta's body.
Zaki cited both points as being the most damning evidence against the
prosecution as the evidence was not refuted.
He said that while Hanif's DNA was found on Noritta's body, creating
suspicion of his guilt, the presence of another man's DNA rendered that
suspicion insufficient to prove his guilt.
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Daripada Abu Umarah iaitu al-Bara' bin 'Azib radhiallahu anhuma, katanya: "Kita semua diperintah oleh Rasulullah s.a.w. untuk melakukan tujuh perkara, iaitu meninjau orang sakit, mengikuti janazah, menentasymitkan orang yang bersin, menolong orang yang lemah, membantu orang yang teraniaya, meratakan salam dan melaksanakan sumpah."