Jed Yoong

JY: Hmmmm. Another high-profile case, tak jadi conviction….is this the law and order? Ooops, maybe he is innocent…..But lots of holes in this case as usual….Unknown Man 1-lah…?????

Hanif happy ordeal finally over
SAT - Mar 30, 2008
New Straits Times
By V. Anbalagan

PUTRAJAYA: A relieved Hanif Basree Abdul Rahman said the Federal Court’s decision yesterday will set his life in order.

“I thank Allah that this is finally over. I have always believed that justice will triumph under whatever circumstances,” he told reporters moments after the apex court unanimously cleared him of the alleged murder of sales executive Noritta Samsuddin four years ago.

Hanif, an engineer with the Shah Alam City Council, said his life was in a state of uncertainty although the High Court acquitted him without his defence being called.

Hanif, 40, was accompanied by his mother, Che Norkiah Che Mahani, 68, who along with other family members were seen shedding tears of joy soon after Federal Court judge Tan Sri Zaki Azmi pronounced that the prosecution’s appeal was dismissed.

“No words can describe how happy I am for Hanif as his ordeal is finally over,” said Norkiah.
Defence counsel Datuk V. Sithambaram, who handled the case right from the beginning, said his client had been fully vindicated because the trial judge and the appellate courts made concurrent findings.

“Justice has been done swiftly within four years,” he said.

Sithambaram said this case had been particularly interesting because of scientific evidence and prosecution witnesses admitting that they had lied during trial.

Hanif was alleged to have murdered Noritta, 22, also a part-time guest relations officer, at the victim’s rented apartment at Puncak Prima Galleria Condominium, Jalan 17, Sri Hartamas, between 1.30am and 4am on Dec 5, 2003.

The Universiti Teknologi Mara graduate from Kedah had her hands tied with a bra and several pieces of wire. Her body was found naked.

The then High Court judge Datuk Abdull Hamid Embong, in acquitting Hanif on July 1, 2004, ruled that the prosecution had not established a prima facie case against him.

He said the police had conducted a shoddy investigation.

Abdull Hamid said there were two mystery men with Noritta before her death, and one of them was the last person to be with her.

The hair found close to Noritta’s body belonged to the “mystery man” and not Hanif.

The judge said the first was the “dark-skinned” man whom Noritta’s housemate, Nor Azora Abdul Hamid, saw leaving the condominium.

The second was the “Unknown Male 1″ who had intercourse with Noritta before she died.

Abdull Hamid said evidence adduced in the trial showed that “Unknown Male 1″ was the last person to be with Noritta.

The judge said this was because it was his hair which was found on Noritta’s bed, not Hanif’s.

Soon after the High Court verdict, the prosecution appealed against the decision, arguing that the trial judge should have called for the defence.

On Jan 29, 2005, the Court of Appeal upheld the acquittal by the High Court.

Zaki, who wrote the judgment, his first in a criminal case since he was elevated to the Federal Court last September, said the prosecution failed to prove that Hanif was responsible for the murder of “his intimate friend” although the prosecution relied on circumstantial evidence.

He said the trial judge was right in deciding not to call for the defence at the close of the prosecution case and acquit Hanif.

Zaki said there was a likelihood of the existence of another person who could have committed the offence.

“The prosecution had not discharged its burden.

“The most damning evidence against the prosecution was the presence of the man with a 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.

The judge said the findings by the pathologist and the chemist revealed that the victim died of asphyxia, and the brassiere and electrical cords were tied to the deceased’s hands and feet after her death.

Zaki said the DNA profile from the swabs from Noritta’s private parts showed it belonged to an “Unknown Male 1″ and did not match the DNA profile of Hanif.

The judge said it was the prosecution who introduced the man with the foul body odour but the deputy public prosecutor failed to support his argument that Hanif’s body could have given out such a smell after having intercourse with Noritta.

“On the contrary, a prosecution witness told the court that Hanif did not have such body odour and the DPP did not challenge this.”

He said the prosecution’s case was hampered by the existence of the DNA belonging to the “Unknown Male 1″ and several inferences could be made from the findings of such evidence on the body of Noritta.

He said the discovery of Hanif’s DNA profile on the body of the accused per se could not be sufficient to conclude that he caused her death.

“Bearing in mind Hanif’s intimate relationship with the deceased, an innocent explanation could be given for such findings,” Zaki said.

Others who heard the appeal in November last year with Zaki were Datuk Arifin Zakaria, Datuk Nik Hashim Nik Ab Rahman, Datuk Hashim Yusof and Datuk Zulkelfi Ahmad Makinudin.