Defense counsel seeks new submission in senior officer's murder case of school pupil
IPOH: The defence counsel of the senior police officer who was charged with murdering a secondary school pupil two years ago has requested to make a new submission for the case.
M. Athimulan, representing Deputy Supt Mohd Nazri Abdul Razak, said having gone through the prosecution team's submission made during their opening statement in November last year, felt the need to revise their submission due to some incongruity.
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"Our submission consisted of Section 300(c) and Section 300(d) of the Penal Code, but we focused more on Section 300(c).
"As the prosecution's submission was more on Section 300(d), we feel the need to revise our submissions," he told the high court here on Wednesday (July 16).
Justice Datuk Bhupindar Singh Gurcharan Singh, presiding over the proceedings, allowed the request.
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Justice Bhupindar Singh said the defence would be given six weeks to file their new submission, while the prosecution has four weeks to prepare their reply.
He then set Oct 1 and 2 to hear the submissions from both sides.
Section 300(c) defines murder as culpable homicide whereby the injury inflicted is intended to cause death.
Section 300(d), meanwhile, defines murder as an act committed with the knowledge that it is dangerous and likely to cause death, even without the specific intention to cause death.
DSP Mohd Nazri WAS charged with murdering Muhammad Zaharif Affendi Muhd Zamrie at the intersection of Jalan Taman Jati/Jalan Pekeliling Meru Indah, near SMK Jati, between 12.05pm and 12.40pm on Dec 15, 2023.
ALSO READ: Zaharif on the way to mosque for Friday prayer when hit by car, says brother
He was first charged at the Magistrate's Court here on Dec 18, 2023.
When met after the proceedings, Deputy Public Prosecutor Afzainizam Abdul Aziz stated that the defence's revision was necessary, as it pertained to the accused's knowledge of the alleged dangerous action, as stated under Section 300(d).
"It is important, so that there will be no legal issues should the case be brought up to the Court of Appeal later," he said.
The prosecution team also consisted of Nasrul Hadi Abdul Ghani, while Datuk Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman were part of the defence team.
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