Appeals court orders duo to enter defence on murder charge
KUCHING: The Court of Appeal sitting here yesterday ordered an Indonesian pair to enter their defence on a murder charge following their acquittal last year on a charge of concealment of birth by secret disposal of a dead body.
Justices Datuk Hamid Sultan Abu Backer, Datuk Umi Kalthum Abdul Majid and Datuk Abdul Rahman Sebli made the decision after allowing the prosecution’s appeal against the High Court decision to acquit the female accused Herna Molla, 30, and Soha Beta, 36, for allegedly concealing the birth of a baby boy four years ago in Miri.
“Appeal is allowed. This is a fit and proper case for defence to be called. We unanimously order the two accused to enter their defence for the charge of murder at the High Court,” he said.
Herna and Soha were also ordered to be further remanded in prison pending the disposal of the case.
On Nov 23 last year, the duo was freed for the alleged concealment of their dead baby boy. They allegedly buried the baby – believed to be alive – about one foot underground at a plantation in Suai on Nov 26, 2014 around 3.30pm. It was said that a security guard at the plantation saw them walking at the time, with Herna carrying something wrapped in a sarung.
The guard also saw the couple returning later empty- handed. The alleged incident took place about 48 hours after Herna was discharged from Miri Hospital where she had given birth.
The baby’s medical report showed that he was healthy and fit. A post- mortem report of the deceased showed the cause of the death was suffocation.
It was learned that Herna and Soha are not a married couple, although the latter himself is married. They are facing a charge under Section 302 of the Penal Code, which provides the mandatory death sentence upon conviction.