Monday, May 5, 2014

Wife murder case postponed for alibi probe

Reproduced from:

Posted on 5 May 2014 - 07:47pm
Last updated on 5 May 2014 - 08:11pm

S.Tamarai Chelvi

: The High Court today allowed the prosecution's request for time to direct the investigating officer in a murder case to conduct an investigation on the "notice of alibi" of a cook charged with murdering his wife.

In doing so, High Court judge Amelia Tee Hong Geok Abdullah postponed the case which was fixed for hearing on Aug 4.

Jamaluddin Ali, 40, had claimed trial to a charge of murdering his wife, Nurhidayah A. Ghani, 29, at Lot 18, Kampung Petaling Bahagia, Batu 5 ½, Jalan Puchong, Brickfields, between 9pm on May 15 and 9pm on May 17, last year. The offence carries the death penalty on conviction.

When court sat today, DPP Lee Keng Fatt asked for a postponement as he had just received a copy of the notice of alibi by the defence team.

"We should be given reasonable time for instruction to be given to the investigating officer to investigate the alibi," he said, asking for one or two weeks to do so.

He also said the defence did not comply with the law when they did not give sufficient time for the prosecution to investigate the alibi.

However, defence lawyer Mahadi Muhammad said he had sent the copy of the notice to the Attorney-General Chamber's office at the Federal Territory at 3.45pm on April 25 and had an acknowledgement stamp.

Lee said the hearing was initially fixed for April 28 but he was on medical leave and the case was postponed to today. He added he had just received the copy.

He also said April 25 was only a few days to the hearing date on April 28 and even then, it was not sufficient time to carry out the investigation.

Judge Amelia asked if sufficient particulars had been supplied in the notice of alibi such as the number of witnesses to be called to establish the alibi. Mahadi said he plans to call only one witness.

She then postponed the case.

Mahadi was assisted by Suharin Sulaiman Siew while lawyer Cheow Wee held a watching brief for the victim's family.

Lawyer Goh Siu Lin held a watching brief for eight women NGOs which includes the Women's Aid Organisation (WAO).

Domestic violence victims need protection

Reproduced from:
| February 19, 2014
A coalition of women's rights organisations urge that protection be provided for those facing continuous violence.
PETALING JAYA: A coalition of women’s rights organisations expressed concern over the lack of protection provided for domestic violence-related victims citing the tragic death of a mother of four who was allegedly beaten to death by her husband in May last year.
The woman, Nurhidayah Abdul Ghani was critically injured following her divorce application. She had allegedly made numerous police reports over a period of time prior to her death.
Due to the allegations of repetitive domestic violence, women’s group part of the Joint Action Group for Gender Equality (JAG) has proposed for a legal obligation to provide protection for victims of domestic violence through the criminal justice system and the implementation of Interim Protection Orders to protect those facing continuous violence caused by family members.
“Domestic violence must be taken seriously as it can escalate in severity and lead to death, as shown in this case,” said Sally Wangsawijaya, advocacy officer of the Women’s Aid Organisation (WAO) in a press statement today.
“Early intervention is critical as the government and the community can play their role in recognising the severity of the problem,” she added.
Echoing Sally’s sentiment was Melissa Mohd Akhir, advocacy officer with the Women Centre for Change, Penang (WCC) who stressed that the protection offered to victim survivors is crucial to prevent further violence.
Melissa also stated that the state had an obligation to practice due diligence in protecting victim survivors of domestic violence, following the recommendation of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
A recent study conducted by the Women’s Development Research Centre (KANITA), University Sains Malaysia had found that 9 out of every 100 households in Malaysia will have a woman who has experienced domestic violence.
Nurhidayah’s husband, Jamaluddin Ali was charged for murdering his wife under Section 302 of the Penal Code which carries the death penalty upon conviction.
The case was mentioned before Judge Amelia Tee at the High Court of Kuala Lumpur. The case is fixed for hearing from April 28.
The coalition includes – Women’s Aid Organisation (WAO), Women’s Centre for Change, Penang (WCC), The Association of Women Lawyers (AWL), All Women’s Action Society (AWAM), Perak Women for Women Society (PWW), Persatuan Kesedaran Komuniti Selangor (EMPOWER) and Sisters in Islam (SIS).