Ex-roti canai maker’s conviction for auxiliary cop’s murder overturned

PUTRAJAYA: The Court of Appeal has unanimously overturned the conviction of a former roti canai maker for the murder of an auxiliary policewoman at an apartment in Damansara Damai six years ago.

A three-member panel led by Justice Azman Abdullah decided to acquit and free Farreyl Haikal Abdullah, 28, after setting aside the Shah Alam High Court’s decision in June 2024 to sentence him to life imprisonment and 12 strokes of the cane.

“The High Court judge erred as he failed to consider the chemist report proving the presence of another unidentified man (in the house).

“The report showed the existence of DNA belonging to another individual on a cigarette butt, briefs and pillow in the room of the victim,” said Azman, who was joined by Justices Ahmad Fairuz Zainol Abidin and Hayatul Akmal Abdul Aziz on the bench.

Farreyl was convicted of murdering Nor Aisyah Abdullah, 25, at an apartment in Damansara Damai between 2am, Oct 17, 2019 and 12.45am, Oct 18, 2019.

Earlier, deputy public prosecutor Asnawi Abu Hanipah argued that the appellant’s DNA in the house was solid proof that he was with the deceased prior to her death.

“The appellant admitted to smoking a cigarette and his DNA was found on the cigarette butt taken by the forensics team,” he said, adding that a pathology forensics expert testified that the cause of death of the deceased was smothering, as stated in the autopsy report.

“Smothering can be caused by hand or any object. The witness stated that the victim suffered injuries, including a broken nose, tears under the lip and bruising on both eyes, consistent with smothering with fingers, not using a soft pillow.

“Therefore, the High Court judge did not err in terms of facts and the law when he convicted the appellant,” Asnawi said.

Lawyer Fahri Azzat submitted that the High Court failed to consider the contents of the chemist’s report, as well as the oral and written testimony of the chemist.

He argued that this disproved that the appellant had exclusive access to the unit.

He also said the judge failed to consider that there was a lack of DNA evidence proving that the appellant was present in the deceased’s room, whereas the DNA of the unknown man was found on a pillow which could have been used to smother the victim.

“The judge failed to consider the investigation officer’s admission that he had never considered the contents of the chemist’s report in his investigations, thus showing a lackadaisical investigation,” said Farreyl’s lawyer.