A former roti canai maker is freed after the Court of Appeal overturns his murder conviction, citing DNA evidence of another man at the crime scene.
PUTRAJAYA: The Court of Appeal today acquitted a former roti canai maker of murdering a female auxiliary police officer six years ago.
A three-judge panel unanimously set aside the Shah Alam High Court’s conviction and life sentence handed down to Mohamad Farreyl Haikal Abdullah, 28, in June.
Judge Datuk Azman Abdullah stated the High Court judge erred by failing to consider a chemist’s report showing another man’s DNA at the scene.
The report identified an unknown individual’s DNA on a cigarette butt, a pair of briefs, and a pillow inside the victim’s room.
This evidence allowed for the possibility of another party’s presence, undermining the prosecution’s ‘last seen’ principle argument.
Mohamad Farreyl Haikal was convicted of murdering 25-year-old Nor Aisyah Abdullah at a Damansara Damai apartment between October 17 and 18, 2019.
Deputy public prosecutor Mohd Asnawi Abu Hanipah argued the appellant’s DNA in the house was solid proof he was with the deceased.
He cited a forensics expert who stated the cause of death was smothering, consistent with injuries like a broken nose and bruising.
The prosecutor contended the High Court judge made no error in fact or law when convicting the appellant.
Defence lawyer Fahri Azzat submitted the judge failed to properly consider the chemist’s report confirming two unknown DNA profiles.
He argued this disproved the appellant had exclusive access to the apartment unit.
The lawyer noted DNA from an unidentified ‘Lelaki 1’ was found on a pillow that could have been the murder weapon.
He also highlighted the investigating officer’s admission of never considering the chemist’s report, calling the investigation insufficient.
