New submission dates set in senior cop's murder trial

New Straits Times

16-07-2025

IPOH: The High Court today set new dates for submissions in the murder trial of senior police officer Deputy Superintendent Mohd Nazri Abdul Razak, who is charged with killing a Form Five student in 2023.
Judge Datuk Bhupindar Singh Gucharan Singh Preet fixed Oct 1 and 2 for the oral hearing of submissions after allowing the defence's application to file a new written submission.
The decision was made after the defence team argued that the prosecution had shifted its focus in its legal arguments.
"Since the defence wishes to file a new submission after reading the prosecution's submission, I will allow the defence's application.
"The defence is to file its new submission within six weeks, and the prosecution is to respond within four weeks. I will set the hearing for the oral submissions on Oct 1 and 2," he said.
The court had previously set July 16 to 18 for the submissions.
Earlier, lead counsel M. Athimulan, representing Mohd Nazri, told the court that the defence needed to revise its arguments.
"Our submissions covered 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 submission. In view of that, we are seeking an adjournment to file this new submission, with the court's indulgence, in about six weeks," he added.
Speaking to reporters later, Deputy Public Prosecutor Afzainizam Abdul Aziz clarified that the prosecution had stated from the outset its intention to prove the case under both sections.
He said that their written submission focused on Section 300(d), while the defence's submission primarily addressed Section 300(c).
"The defence needs to address the arguments under Section 300(d). It is crucial this is argued now to prevent it from becoming a legal issue during a potential appeal," he said, adding that Section 300(d) pertains to the element of knowledge of the offence.
The defence team for Mohd Nazri also includes Datuk Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman. Deputy Public Prosecutor Nasrul Hadi Abdul Ghani also appeared for the prosecution.
In its opening statement last year, the prosecution argued that the accused's actions constituted murder under Section 300(c) and/or Section 300(d) of the Penal Code.
Under Section 300(c), the act is done with the intention of causing bodily injury sufficient in the ordinary course of nature to cause death.
Under Section 300(d), the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk.
On Dec 18, 2023, Mohd Nazri was charged in the magistrate's court here for the murder of 17-year-old student Muhammad Zaharif Affendi Muhd Zamrie in Jalan Taman Jati 1 near SMK Jati, Meru, between 11.45am and 12.32pm on Dec 15, 2023.
He was charged under Section 302 of the Penal Code, which is punishable with death or imprisonment for between 30 and 40 years, with not less than 12 strokes, if found guilty.