Bangkok: The Court of Appeal today: overturned the conviction of a former roti canai maker for the murder of a female auxiliary police personnel at an apartment in Damansara Damai six years ago. The three-judge panel of Judges Datuk Ahmad Fairuz Zainol Abidin, Datuk Hayatul Akmal Abdul Aziz, and led by Judge Datuk Azman Abdullah, unanimously decided to acquit and free Mohamad Farreyl Haikal Abdullah, 28, after setting aside the Shah Alam High Court’s verdict on June 25, 2024 that sentenced him to life imprisonment and 12 lashes.

According to BERNAMA News Agency, the High Court judge erred as they failed to consider the chemist report proving the presence of another unidentified man in the house. The report showed the existence of deoxyribonucleic acid (DNA) belonging to another individual on a cigarette butt, briefs, and pillow in the victim’s room, indicating the presence of another party. No statement was submitted to support the prosecution’s argument that was based on the last seen principle to charge the appellant, Judge Azman noted.

Mohamad Farreyl Haikal was initially convicted of murdering Nor Aisyah Abdullah, 25, at an apartment in Damansara Damai between 2 am on October 17, 2019, and 12.45 am on October 18, 2019, under Section 302 of the Penal Code. Deputy public prosecutor Mohd Asnawi Abu Hanipah had argued that the appellant’s DNA in the house was solid proof that he was with the deceased prior to her death. He stated that the appellant admitted to smoking a cigarette, and his DNA was found on the cigarette butt taken by the forensics team.

The prosecution also referenced testimony from the pathology forensics expert, who stated that the cause of death was smothering, as indicated in the autopsy report. The expert mentioned that smothering could be caused by hand or any object, noting that the victim suffered injuries consistent with smothering with fingers. The High Court judge was argued not to have erred in terms of facts and law when convicting the appellant.

Meanwhile, lawyer Fahri Azzat, representing the appellant, submitted that the High Court judge failed to consider the contents of the chemist’s report, as well as the oral and written testimony of the chemist, which confirmed the existence of two unknown DNA profiles. This evidence disproved the claim that the appellant had exclusive access to the house. Fahri Azzat pointed out that there was a lack of DNA evidence proving the appellant’s presence in the deceased’s room, as the DNA of ‘Lelaki 1’ was found instead, even on a pillow which could have been used to smother the deceased.

He further argued that the investigations officer admitted to never considering the contents of the chemist’s report throughout the investigations, indicating insufficient and lackadaisical investigation.