IPOH: The eyewitness statement in the death of 17-year-old student Muhammad Zaharif Affendi Muhd Zamrie may not align with the forensic evidence, the High Court here heard.
In the defence submission, counsel M. Athimulan said that the victim may not have been run over by a vehicle driven by Deputy Supt Mohd Nazri Abdul Razak.
He added that the evidence and post-mortem documentation did not support the theory that the victim was run over.
"The evidence of the prosecution demonstratively shows that the narrative from eyewitnesses is directly and fundamentally contradicted by the compelling objective medical evidence, namely the forensic pathologist's testimony regarding the run-over theory.
"Forensic Pathologist's evidence clearly states the injuries are inconsistent with a run-over theory," he said on Thursday (Aug 13).
Athimulan said the evidence and post-mortem findings documented specific injuries, including blunt force trauma, but there was an absence of widespread crush injuries or an injury pattern consistent with a person being run over.
“It is not prone to the fallibility of human perception. It directly refutes the eyewitnesses’ core claim.
"The absence of tyre marks on the shirt and the deceased body align with the submission that it was a tragic accident where the deceased was thrown from the motorcycle upon contact, rather than intentionally being run over.
“The injuries suffered would then be consistent with a fall on the road; therefore, the oral evidence of the victim being run over in theory is not truthful," he added.
The counsel also addressed the critical implication arising from the prosecution’s failure to tender the car’s black box, particularly when the data is unequivocally central to the reconstruction of the incident and the determination of mens rea under Section 300 of the Penal Code.
He added that the case is now proceeding as a murder charge under 302 of the Penal Code, which underscores the heightened importance of objective, technical evidence in a case evolving from a rear-end collision to a homicide inquiry.
“Without the black box data, the prosecution cannot prove whether the accused attempted to brake, swerved, or tried to avoid the collision and whether the speed was consistent with loss of control rather than deliberate aim," he added.
DSP Nazri is accused of murdering Muhammad Zaharif Affendi Muhd Zamrie at the intersection of Jalan Taman Jati/Jalan Pekeliling Meru Indah near SMK Jati, between 12.05pm and 12.40pm on Dec 15, 2023.
The case is being heard in the High Court here before Justice Datuk Bhupindar Singh Gurcharan Singh Preet.
The counsel's submission continues on Friday (Aug 14).
When met outside the court, Athimulan said the car and motorcycle involved in the incident are believed to have grazed each other.
“While he (the accused) was tailgating closely, the victim braked to turn toward his father's shop on the right-hand side.
"So, the front of the car then grazed the motorcycle. When the car grazed the motorcycle, he (the victim) fell," he said.
“It's not somebody (who was) chasing, hitting and running over (the victim). That one would be murder," he added.
The defence counsel also included Datuk Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman, while the prosecution is led by Deputy Public Prosecutor Afzainizam Abdul Aziz, assisted by Nasrul Hadi Abdul Ghani and Monisha Pandey.
