Former factory worker ordered to enter defence for ex-wife’s murder
Court of Appeal says the trial judge erred in offering an alternative culpable homicide charge at the close of the prosecution’s case.
The Court of Appeal has mandated a former factory owner, Zulkifli Joned, to present his defense for the 2019 murder of his ex-wife, Nor Hidayah Ahmad, before the same judge. The three-member bench, led by Justice Azman Abdullah, overturned Zulkifli's conviction and the 16-year jail term he received after pleading guilty to culpable homicide, not murder.
In allowing the prosecution's appeal, Justice Azman contended that the trial judge erred in presenting Zulkifli with the alternative charge of culpable homicide during the conclusion of the prosecution's case. The judge should have instead determined whether the prosecution had sufficiently proven the elements of murder, according to Justice Azman.
If the murder elements were established, Zulkifli should have been required to enter his defense for either murder or culpable homicide, the judge argued. Deputy public prosecutor How May Ling had previously contended that the trial judge lacked authority to propose an alternative charge, as it was within the public prosecutor's discretion.
Additionally, Justice Azman's 30-page judgment did not specify the grounds for offering the alternative charge. Zulkifli was initially arrested on September 15, 2019, and was subsequently sentenced to 16 years in prison for Nor Hidayah's murder.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
