SHAH ALAM: The discovery of DNA evidence of a former security guard on a baby diaper is among the reasons the man was called by the High Court here to enter his defence for the charge of murdering a woman in confinement three years ago.
Judge Datuk Mohd Azman Husin, when making the decision at the end of the prosecution's case today, said the court found that the accused, Mohd Azmirul Shamsuddin, 39, was aware that his action could cause the death of the victim.
“The court is also satisfied that the prosecution had managed to prove a prima facie case and hence, the accused is therefore ordered to enter his defence for the murder charge under Section 302 of the Penal Code,” the judge said.
The court set Sept 24 for Mohd Azmirul, who opted to give a statement from the dock, to enter his defence.
The man was alleged to have murdered Rabiatul Adawiah Abd Aziz, 23, at an apartment in Sungai Way, Petaling Jaya, near here, at 8.22pm on March 4, 2015. The charge provides for a mandatory death penalty upon conviction.
Based on the statement from a pathology expert earlier, the post mortem found that the woman died of suffocation.
According to media report, the woman, who was in confinement after giving birth to her son two months earlier, was found dead in the apartment with her hands and legs tied and her mouth gagged, next to her unharmed baby.
Throughout the trial which began in November last year, the prosecution, led by deputy public prosecutor Lokman Kasim, had called 14 witnesses. — Bernama