Reproduced from: http://www.thesundaily.my/news/1037136
Posted on 5 May 2014 - 07:47pm
Last updated on 5 May 2014 - 08:11pm
Last updated on 5 May 2014 - 08:11pm
S.Tamarai Chelvi
KUALA LUMPUR
: 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).
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