IPOH: The officer who investigated the alleged murder of teenager Muhammad Zaharif Affendi Muhd Zamrie by a senior police officer told the High Court today that police are allowed to use their own vehicles to enforce the law.
Assistant Superintendent S. Dasarathan, 46, the 33rd prosecution witness, said this when questioned during cross-examination by defence lawyer Datuk Mior Faridalathrash Wahid before judge Datuk Bhupindar Singh Gucharan Singh Preet.
He was testifying at the trial of Mohd Nazri Abdul Razak, a deputy superintendent charged with Zaharif's murder in Jalan Taman Jati 1 near SMK Jati, between 11.45 am and 12.32 pm on Dec 15, 2023.
Mior: Who brought the motorcycle to the Puspakom Computerised Vehicle Inspection Centre (Puspakom) for inspection by the Environment Department?
Dasarathan: Inspector Juwitha from the Ipoh Criminal Investigation Department.
Mior: Can you tell the court the result of the test?
Dasarathan: The result of the inspection showed that the noise level produced by the exhaust was 100 decibels.
Mior: Do you agree that the noise level from the exhaust exceeded the limit and caused excessive noise?
Dasarathan: I agree.
Mior: Do you agree with me that there are no legal obstacles or restrictions preventing a senior police officer from using his personal vehicle to enforce the law?
Dasarathan: I agree.
Mior: Do you agree with me that there are no specific instructions, provisions or fixed penalties from the inspector-general of police, nor any current orders, that prohibit a police officer from using his personal vehicle while enforcing the law?
Dasarathan: I agree.
Mior: Do you agree with me if I say that the duties and responsibilities of a police officer as a law enforcer are fulfilled when he completes his task by taking legal action until the traffic or criminal offender is dealt with according to legal provisions?
Dasarathan: I agree.
Mior: Do you agree with me that there is a legal provision under Section 225A of the Penal Code stating that it is an offence for a public servant to abandon, arrest or neglect to act if he fails to take appropriate action?
Dasarathan: I agree.
Mior: Do you agree with me that after the accident occurred, the driver of the Ativa exited the vehicle, approached the victim, helped move the victim to the side of the road, and subsequently offered to take the victim to the hospital but was stopped by the victim's sister?
Dasarathan: I understand and agree.
Nazri, who is represented by M. Athimulan and Aiman Hakim Kamaruzzaman, is facing the death penalty or imprisonment for 30 to 40 years, along with a minimum of 12 strokes of the cane, if convicted.
He is accused of murdering Zaharif by running over the teenager with his Perodua Ativa after knocking him off his motorcycle.
The prosecution team comprises Nasrul Hadi Abdul Ghani and Low Qin Hui.
The trial continues this afternoon.
