Cop's car was travelling at 90.9km/h at time of collision with teen, court hears


IPOH: The High Court here was told on Thursday (Dec 5) that at the time of the collision, the Perodua Ativa car driven by a senior police officer was found to be travelling at a speed of 90.9km/h and the stop lamp switch (brake light) was not activated, meaning the brake pedal was not pressed at all.

Perodua technical assistant Ameerul Aidil Adha Jamharuddin, 31, said he obtained the information from data recorded by the Antilock Brake System or Vehicle Stability Control (ABS/VSC), a system that stores all vehicle safety operation data.

"The steering angle data showed -2.5°. The accelerator was at a maximum of 100% and this was the cause of the Brake Assist (BA) not operating due to the accelerating situation.

"If the driver in this case suddenly applied the brakes or emergency brakes, the Antilock Braking System (ABS) data would also be recorded,” he said when reading his witness statement before Judge Bhupindar Singh Gucharan Singh Preet at the trial of the case which entered its 13th day Thursday.

The 25th prosecution witness said that the ABS/VSC recorded only one item of data, namely a Pre-Collision Brake (PB) and only that data was recorded and no Brake Assist (BA) data was recorded.

"PB is a warning to the driver if there is a vehicle or pedestrian in front. While BA is a brake assist if the driver is about to collide.

"However, BA will not work if the driver overrides this system by swerving, braking or accelerating the vehicle,” he said.

Earlier, Forensic Medicine Specialist Dr Ain Nurfarahana Hamdan, 35, said she agreed with defence lawyer M. Athimulan who suggested that Muhammad Zaharif Affendi Muhd ​​Zamrie, 17, suffered a "trauma death" before being confirmed dead about 30 minutes after the collision.

Athimulan: Do you agree with me that "trauma death" can be prevented by providing proper, fast and effective treatment facilities and access to injured people?

Dr Ain Nurfarahana: I generally agree

Athimulan: Since this case is "trauma death", the injuries found on the victim's body must be consistent with the damage to the clothing, agree?

Dr Ain Nurfarahana: Agree

Meanwhile, during the re-examination by Deputy Public Prosecutor Afzainizam Abdul Aziz, the witness explained that she suggested that the victim did not die immediately after the collision because in the post-mortem examination conducted on Muhammad Zaharif Affendi, it was found that there was foam mixed with blood in the respiratory tract.

Dr Ain Nurfarhana explained that an example of an injury that could cause immediate death is when it involves an injury to the brain stem.

"I can suggest that the deceased showed signs of life because in his respiratory tract there were bubbles mixed with blood and this usually happens when someone is short of breath," she said.

In addition, she said that "trauma death" can be prevented with proper, fast and effective treatment facilities and access, and explained that the matter depends on the circumstances.

The prosecution was conducted by DPP Afzainizam together with Nasrul Hadi Abdul Ghani, V. Suloshani and Low Qin Hui, while Mohd Nazri Abdul Razak, 45, was represented by lawyers M. Athimulan, former Perak police chief Datuk Mior Faridalathrash Wahid and Aiman ​​Hakim Kamaruzzaman.

Mohd Nazri, a senior police officer with the rank of Deputy Supt, was charged with murdering Muhammad Zaharif at Jalan Taman Jati 1 near SMK Jati here between 11.45am and 12.32pm, Dec 15, 2023.

He was charged under Section 302 of the Penal Code which carries the death penalty or 30 to 40 years' imprisonment and a minimum of 12 strokes of the cane, if convicted.

The trial continues Friday (Dec 5). - Bernama

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High Court , Police , Murder , Student , Senior Officer

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