Murder of maid: Wife denied bail
Published on: Friday, April 01, 2022
By: Jo Ann Mool
Kota Kinabalu: The High Court here denied bail for a reality TV cooking show finalist, who was charged together with her husband with the murder of their maid.Judicial Commissioner Amelati Parnell, in delivering her ruling Thursday, dismissed Etiqah Siti Noorashikeen Mohd Sulong’s (pic) application to be released on bail.
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Amelati held that Etiqah had failed to prove that there are special and exceptional circumstances to warrant the court to exercise its discretion to grant bail.
Etiqah was in tears over the decision.
Previously, Etiqah’s counsel Datuk Seri Rakhbir Singh had applied for bail but it was rejected by the Magistrate’s Court.
Rakhbir then appealed for a revision of the magistrate’s decision.
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On Dec 29, 2021, Etiqah, 33, an engineer, and her contractor husband Mohammad Ambree Yunos @ Unos, 40, were charged at the Magistrate’s Court with the murder of one Nur Afiyah Daeng Damin between Dec 10 and 13, 2021 at a unit in Amber Tower, Lido Avenue, Jalan Lintas Lido, Penampang.
The charge under Section 302 of the Penal Code and read together with 34 of the same Code carries the death sentence, on conviction.
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No plea was taken from them as their plea would only be taken once their case was transferred to the High Court.
The couple was ordered to be remanded further as the charge against them has no provision for bail.
Earlier, Amelati, in her ruling, said Rakbir submitted that Etiqah is a breast-feeding mother and taking care of her three young children.
She suffered from anxiety and depression. She also furnished her medical report as well as medical documents showing her children were seeing a therapist for mild case of autism.
The respondent prosecutor submitted that the applicant was just using her children as an excuse to be released on bail, more so before she was charged, she was a full-time working mother and had entrusted the care of her children to the maid, who the accused is now charged with her murder, said Amelati.
As pointed out by the respondent prosecutor, Etiqah’s psychiatric evaluation showed that she recuperated and was able to return to work since one year ago. Her children could be looked after by her family members, as they already were, said Amelati, who added that in any event, the children can be taken to see the therapist by any of her family members.
“The mere fact that the applicant is a breast-feeding mother falls short of special and exceptional circumstances for this court to exercise its discretion to grant bail. This alone is not sufficient for her to be released on bail, more so when she is facing a serious charge that is for the murder of her maid,” held Amelati.
“The respondent prosecutor further replied that throughout the seven-day remand period before she was charged, the applicant not even once had asked for a breast pump. This, the respondent prosecutor said, is an indication that the applicant is not a breast-feeding mother.
“I find that the respondent prosecutor has alluded more than enough evidence that points towards the guilt of the accused. As submitted by the respondent prosecutor, there is a real risk of tampering with witnesses as they would be calling the applicant’s family members and neighbours in proving their case against her,” held Amelati.
Deputy Public Prosecutor Mohammed Ali Imran appeared for the respondent.
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