IPOH: There are no contradictions between the testimony of eyewitnesses and the evidence given by a forensic pathologist in the murder trial involving the death of 17-year-old student Muhammad Zaharif Affendi Muhd Zamrie, the High Court here heard Friday (Aug 14).
Deputy public prosecutor Afzainizam Abdul Aziz said that the forensic pathologist had clearly mentioned the serious injuries that caused the victim's death.
"The forensic pathologist confirmed that, based on the severe injuries to the abdomen and chest suffered by the deceased, there was no assurance of survival.
"It is further stated that the accumulation of blood in the chest cavities could have caused respiratory impairment, which resulted in the death of the deceased," he said on Friday (Aug 14).
He added that the injuries to the chest included fractures to the posterior ribs, namely ribs six to nine on the right, the lateral first rib on the left and the posterior-lateral ribs seven to nine on the left.
"Both chest cavities also contained about 200ml of blood as well as bruising and lacerations to the lungs.
"There are injuries to the abdominal cavity, which contained an accumulation of blood amounting to 2,000ml and bruising to the mesenteric tissue," he said.
"The forensic pathologist witness further testified that the injuries sustained by the deceased were first, caused by a hard and blunt object and, second, consistent with the location and pattern of injuries observed on the deceased’s body.
"The forensic pathologist also stated that such injuries could only result from a strong impact, sufficient to cause fractures and damage to internal organs," he added.
Defence counsel led by Datuk M. Athimulan had, on Thursday (Aug 13), suggested that the eyewitness testimony did not align with forensics evidence.
DSP Mohd Nazri Abdul Razak is charged under Section 302 of the Penal Code to causing the death of Muhammad Zaharif Affendi near SMK Jati on Dec 15, 2023, between 11.55am and 12.32pm.
The case is being heard in the High Court here before Justice Bhupindar Singh Gurcharan Singh Preet.
The prosecution also addressed the defence's argument that the absence of tyre marks on the deceased’s body, whereby the victim was not run over.
Afzanizam said that the forensic pathologist had testified that the absence of tyre marks on the deceased's body could be attributed to the type of clothing worn, such as thicker garments or similar material, which could prevent such marks from forming or being visible.
He added that the forensic pathologist had also testified that the absence of tyre marks does not exclude or negate the possibility that the accused had run over the deceased.
“The ripped marks found on the deceased’s shirt and pants, together with the black marks possibly road tar, are consistent with friction from the rough surface as the scene of the murder ie the road," he said.
"It is therefore respectfully submitted that there was no contradiction, nor any material contradiction between the eyewitness testimony and the forensic pathologist, adding that the forensic pathologist has unequivocally stated that each death must be assessed in light of its own circumstances and relevant facts.
“The forensic pathologist has also clearly testified that the injuries sustained by the deceased, which ultimately led to his death, were not accidental,” he added.
Afzainizam also said the front-right portion of the vehicle struck the rear of the victim's motorcycle, causing it to fall to the left and became lodged under the car before it was dragged across to the opposite side of the road.
“In short, the evidence of a witness shows that the likelihood of running over is possible.
“Therefore, taking into consideration the above factors, it further reinforces the prosecution’s case ie this is a case of intentional crushing," he said.
"The accused’s deliberate act of tailgating the deceased at an unsafe and dangerously-close distance was the direct and proximate cause of the collision, generating a severe impact force that inevitably and fatally resulted in the deceased’s death," he added.
Justice Bhupindar set Oct 28 for decision on whether DSP Mohd Nazri would be called to enter his defence.
