Kuala lumpur: The Court of Appeal today ordered former factory operator Zulkifli Joned to enter his defence on a murder charge over the 2019 death of his ex-wife, after allowing the prosecution's appeal. A three-member bench chaired by Justice Datuk Azman Abdullah unanimously set aside Zulkifli's conviction and the 16-year prison term imposed by the Shah Alam High Court last year.
According to BERNAMA News Agency, the appellate court held that the High Court had erred in offering Zulkifli an alternative charge under Section 304(a) of the Penal Code. "The High Court judge ought to have decided as to whether the prosecution had established a prima facie case under Section 302 of the Penal Code, or alternatively, under Section 304(a). The court should likewise have called upon the accused to enter his defence, whether under Section 302 or Section 304(a)," Justice Azman stated. Subsequently, the court directed Zulkifli to enter his defence on the charge under Section 302 of the Penal Code before the same High Court judge, and set September 2 for case management.
During the appeal, deputy public prosecutor How May Ling argued that the then presiding High Court Judge, Datuk Aslam Zainuddin, did not have the authority to offer an alternative charge, asserting that such prosecutorial discretion is solely the prerogative of the Public Prosecutor. "In his 30-page judgment, the judge did not state the grounds for offering the alternative charge," she added.
In contrast, Zulkifli's lawyer Suzanawati Ismail defended the High Court's decision, maintaining that her client had no intention of killing his ex-wife. Zulkifli was initially charged on September 27, 2019, at the Petaling Jaya Magistrate's Court for the murder of Nor Hidayah Ahmad, 30, which allegedly occurred between 8:53 am and 11:20 am at a house in Prima Damansara on September 10 of the same year.
On November 13, 2025, the Shah Alam High Court sentenced him to 16 years' imprisonment, commencing from the date of his arrest on September 15, 2019, following his guilty plea to an alternative charge of causing the death of his former spouse. The prosecution subsequently appealed to the Court of Appeal.
Reports indicate that Nor Hidayah's body was discovered in a flat in Prima Damansara, wrapped in a quilt, secured with nylon ropes, and concealed beneath a mattress and pillows in one of the rooms.