Student wasn’t run over, says defence in senior cop’s murder trial

 The defence says forensic and medical evidence contradict eyewitness accounts that the teenager was intentionally run over by a police officer.

Nazri Abdul Razak is charged with murdering Zaharif Affendi Zamrie at Jalan Taman Jati 1 near SMK Jati in Ipoh between 11.45am and 12.32pm on Dec 15, 2023. (Bernama pic)

IPOH:

The High Court today heard that 17-year-old Zaharif Affendi Zamrie was not run over by the vehicle driven by senior police officer Nazri Abdul Razak, as claimed by eyewitnesses.

In his submission at the close of the prosecution’s case before Justice Bhupindar Singh, lead defence counsel M Athimulan said the “run over” theory was inconsistent with forensic and medical evidence presented.

He said the forensic pathologist had found that the victim’s injuries were not consistent with being run over, as there were no crushed bones, destroyed organs, or tyre marks on the deceased’s body or clothing.

“My Lord, we respectfully submit that this medical evidence is a scientific and objective truth; it is not prone to the fallibility of human perception. It directly refutes the eyewitnesses’ core claim,” he submitted.

Athimulan argued that the eyewitnesses’ accounts were unreliable as they were contradicted by expert medical evidence.

He said the absence of tyre marks on the deceased’s body and shirt supported the defence’s contention that the teenager had been “thrown” from his motorcycle upon impact rather than intentionally “run over”, given that the injuries suffered were consistent with falling onto the road.

Athimulan said the medical evidence completely ruled out all probabilities of the ocular evidence being true and, therefore, it should be rejected.

“The eyewitnesses’ testimonies were flawed by perception of a traumatic event and influenced by social media,” he said.

Athimulan further highlighted the critical implications from the failure to tender the “black box” data, or event data records, from the Perodua Ativa involved in the incident.

He said the data was crucial to reconstructing the incident and determining whether the accused had the intention required under the law.

“It is respectfully submitted that, without the black box data, the prosecution cannot prove whether the accused attempted to brake, or the accused swerved, or tried to avoid the collision, and whether the speed was consistent with loss of control rather than deliberate aim.

“My Lord, we are submitting that these are not minor gaps, but they are central to the prosecution’s theory of malicious intent. The charge against the accused is a most serious crime under the Penal Code, alleging murder by means of intentional vehicular conduct,” Athimulan said.

Deputy public prosecutors Afzainizam Abdul Aziz, Nasrul Hadi Abdul Ghani and Monisha Pandey appeared for the prosecution.

The accused was represented by a legal team comprising Athimulan, Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman.

The trial resumes at 10am tomorrow.

Nazri, 45, is charged with murdering Zaharif Affendi at Jalan Taman Jati 1 near SMK Jati in Ipoh between 11.45am and 12.32pm on Dec 15, 2023.

He is charged under Section 302 of the Penal Code for murder, which carries the death penalty or 30 to 40 years’ imprisonment and a minimum of 12 strokes of the cane, if convicted. - FMT