The High Court recently dismissed a bail application made by a man committed to a murder trial on account of the possibility of jeopardising the case.
Mohamed Abdul Malik Fazil bin Mohamed was arrested on July 29, 2021. He was charged with murder on July 31 of the same year.
He had been remanded pending the completion of DNA analysis of exhibits by the Department of Scientific Services.
He then applied for bail with strict conditions, citing his detention of over two years.
The defendant also said, among others, that he had no intentions to kill the victim, that there is not enough evidence and his family’s complicated conditions.
Deputy Public Prosecutor Nurul Fitri binti Kiprawi objected to the application on the grounds of the gravity of the offence in the charge, the strength of the prosecution’s case, risks of tampering with witnesses or evidence, risk of absconding and the propensity of the defendant’s use of violence in previous cases.
Judicial Commissioner Haji Abdullah Soefri bin Pehin Orang Kaya Saiful Mulok Dato Seri Paduka Haji Abidin rejected the application after taking into account the prosecution’s reasonings and balancing the defendant’s grounds.
“…also taking into account of the public interest who is seeking to ensure that the course of justice is not thwarted by the flight of the defendant, or perverted by his interference with evidence and that he does not take advantage of the inevitable delay before trial to commit further offences,” the court decided on October 12. – Fadley Faisal