Police Officer Murder Trial: Defence To File New Submission Under Section 300(d)

IPOH, July 16 (Bernama) -- The defence in the trial of DSP Mohd Nazri Abdul Razak, who is accused of killing 17-year-old Muhammad Zaharif Affendi Muhd Zamrie two years ago, will be filing a new written submission related to Section 300(d) of the Penal Code.

Defence counsel M. Athimulan told the High Court here today that they needed to review their previous submissions.

"Our submissions comprised both Section 300(c) and (d) of the Penal Code, but were more concentrated on Section 300(c). However, the prosecution's stand now is that they are relying on Section 300(d).

"This creates a need to revise our entire submissions. In view of that, we are seeking an adjournment to file this new submission, with the court's indulgence, in about six weeks," he said.

The court allowed the adjournment, giving the defence six weeks to file the new written submission, while the prosecution was given four weeks thereafter to respond.

Judge Datuk Bhupindar Singh Gucharan Singh Preet fixed Oct 1 and 2 for the full hearing of submissions from both parties.

Deputy Public Prosecutor Afzainizam Abdul Aziz said Section 300(d) was mentioned during the prosecution’s opening statement on Nov 5 last year, but the defence's submissions had not focused on that section.

"In our opening statement, we stated that we would be relying on Sections 300(c) and 300(d) of the Penal Code. However, the submissions we received from the defence mainly focused on Section 300(c).

"Therefore, the defence now needs to submit arguments on Section 300(d) as well, to ensure there are no issues if the case proceeds to the appeal stage," he said when met at the court today.

According to the opening statement, Section 300(c) defines murder as an act done with the intention of causing bodily injury, and the injury is sufficient in the ordinary course of nature to cause death.

Section 300(d), on the other hand, refers to an act committed with the knowledge that it is so imminently dangerous that it must, in all probability, cause death, even if there is no intention to cause death.

The prosecution was conducted by Afzainizam together with Nasrul Hadi Abdul Ghani, while the accused was represented by lawyers Athimulan, Datuk Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman.

Mohd Nazri is accused of causing the death of student Muhammad Zaharif Affendi near Sekolah Menengah Kebangsaan (SMK) Jati here, between 11.55 am and 12.32 pm on Dec 15, 2023.

The charge is framed under Section 302 of the Penal Code, which carries the death penalty, or a minimum of 30 years and up to 40 years’ imprisonment. If not sentenced to death, the offender shall also be liable to at least 12 strokes of the cane.

-- BERNAMA