Pelajar Tingkatan 5 tak digilis kenderaan dipandu polis, kata peguam

Muhammad Zaharif Affendi, a 17-year-old student, claimed he was not ejected from the vehicle driven by Mohd Nazri Abdul Razak, a police officer, as alleged by witnesses. Attorney M Athimulan argued that the theory of the 5th grade student being ejected contradicted forensic and medical evidence. Forensic pathologist confirmed the injuries did not match those of someone ejected from a vehicle, as there was no broken collarbone, internal organ damage, or tire marks on the body or clothing.

Yang Arif's lawyers contended that medical evidence is a factual and objective science, directly contradicting eyewitness testimony. They argued that if witnesses' statements contradict medical evidence, their testimony cannot be trusted. The defendant, Mohd Nazri, 46, faced charges of murder near SMK Jati in Ipoh between 11:55 and 12:32 PM on December 15, 2023.

He was charged under Section 302 of the Penal Code, which carries a death penalty or a minimum of 30 years to a maximum of 40 years in prison. The lack of tire marks on the deceased's clothing and body supported the defense's claim that the incident was a tragic accident, not a deliberate act. Medical evidence disproved the possibility that the witnesses' testimony was true, and therefore, the defense requested its dismissal.

The witnesses' testimony was influenced by trauma perception and social media impact, according to the lawyer. The lawyers also addressed the critical implications of not presenting the black box data from the Perodua Ativa, as it is crucial in reconstructing the incident and determining mens rea (guilty intent) under Section 300 of the Penal Code.

Without this data, the prosecution could not prove whether the defendant attempted to flee, manipulate the vehicle, or evade the accident, or if the vehicle's speed was consistent with losing control rather than deliberate action. Yang Arif's lawyers, supported by Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman, will continue their defense tomorrow.

The prosecution is led by Deputy Public Prosecutor Afzainizam Abdul Aziz, with assistance from Nasrul Hadi Abdul Ghani and Monisha Pandey.