Etiqah Siti Noorashikeen
KOTA KINABALU (March 31): An engineer, who is facing a joint charge with her husband of killing their maid, failed in her bid to get herself released on a bail at the High Court here on Thursday.
Judicial Commissioner Amelati Parnell disallowed an application by Etiqah Siti Noorashikeen Mohd Sulong, 33, to be granted bail, pending disposal of the latter’s case.
In the court’s reserved decision, the court held that the applicant (Etiqah) was jointly charged with her husband for the murder of their maid and a notice of motion filed by the applicant was for the court to exercise its discretion under Section 388 of the Criminal Procedure Code.
The judge also said that the counsel for the applicant submitted that the applicant was a breast-feeding mother, took care of her three young children and allegedly suffering from anxiety and depression disorder.
The court said that the applicant had furnished documents which showed that her medical report on having anxiety attacks, as well as medical documents showing her children were seeing a child therapist for a mild case of autism.
Meanwhile, the judge explained that the respondent (the prosecution) had submitted that the applicant was just using her children as an excuse to be released on a 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 applicant is now charged with her murder.
The court further said that as pointed out by the respondent, the applicant’s psychiatric evaluation showed that she had healed and was able to return to work since one year ago.
The judge also said that the respondent also submitted that the children of the applicant can be taken care by the family members, as they already were and in any event, as submitted by the respondent, the children can be taken to see the therapist by any of the applicant’s family members.
Amelati explained that the mere fact that the applicant was a breast-feeding mother fell short of special and exceptional circumstances for this court to exercise its discretion to grant bail.
The court said that this alone was not sufficient for the applicant to be released on a bail, more so when she is facing a serious charge that was for the alleged murder of her maid and the respondent further replied in their submission that throughout the remand period of seven days before she was charged, the applicant not even once had asked for a breast-pump and this the respondent said was an indication that she was not a breast-feeding mother.
“I find that the respondent has alluded more than enough evidence that points towards the guilt of the accused. As submitted by the respondent, there is a real risk of tampering of witnesses as they would be calling family members and neighbors of the applicant in proving their case against the applicant.
“I find that the applicant has failed to prove that there are special and exceptional circumstances to warrant this court to exercise its discretion to grant bail. I therefore dismiss the applicant’s application for her to be released on a bail,” the court ruled.
Etiqah was charged under Section 302 of the Penal Code at the Magistrate’s Court here on December 29, 2021.
The indictment provides for the death sentence, upon conviction.
Etiqah, who was represented by counsel Dato’Seri Rakhbir Singh, and her spouse Mohammad Ambree Yunos @ Unos, 40, were accused of killing the victim aged 28 at third floor of a house at Jalan Lintas Lido in Penampang between December 10 and 13.
The couple is currently detained in custody under Section 259 of the Criminal Procedure Code.