Pelajar Tingkatan 5 tak digilis kenderaan dipandu polis, kata peguam

On Dec 15, 2023, 17-year-old Muhammad Zaharif Affendi Muhd Zamrie was allegedly hit by a vehicle driven by Mohd Nazri Abdul Razak near SMK Jati in Ipoh. (Picture Bernama) The High Court today clarified that the teenager was not ejected from the vehicle as claimed by witnesses. Attorney M Athimulan argued that the theory of the student being ejected contradicts forensic and medical evidence.

Forensic pathologist evidence supports the fact that the victim's injuries are inconsistent with someone ejected from a vehicle due to lack of collarbone fracture, organ damage, or tire marks on the body or clothing. Yang Arif's lawyer contended that the medical evidence is factual and objective and immune from human perception bias, directly contradicting witness testimonies.

If witness accounts contradict medical evidence, they should not be trusted, he argued during his closing arguments before Judge Bhupindar Singh Gucharan Singh Preet. The accused, Mohd Nazri, 46, faced charges of murder near SMK Jati between 11:55 am and 12:32 pm on Dec 15, 2023. He was accused under Section 302 of the Penal Code, which carries the death penalty or a minimum 30-year or maximum 40-year jail sentence, unless not guilty by reason of insanity.

Athimulan argued that the lack of tire marks on the deceased's clothes and body support the defense's claim that the incident was a tragic accident where the victim was thrown from the motorcycle after a collision rather than being deliberately ejected, while the injuries were consistent with a fall onto the road. The medical evidence fully refutes the possibility that the witness testimonies are true, making their testimonies unreliable, he said.

Witness testimonies were affected by trauma perception and social media influence, he added. The lawyer also touched upon the critical implications of not presenting the black box data from the Perodua Ativa due to its importance in reconstructing the incident and determining mens rea (intent) under Section 300 of the Penal Code.

Without the black box data, the defense could not prove whether the accused attempted to brake, evade, or avoid the collision and whether the vehicle's speed was consistent with losing control rather than intentional action, he argued. Yang Arif's lawyers, supported by Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman, plan to 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.