Crime & Courts

Ativa's accelerator fully pressed, hit Zaharif at 90km/h, says witness

IPOH: The High Court was told that Muhammad Zaharif Affendi Muhd Zamrie was hit by a white Perodua Ativa at a speed of 90.9 kilometres per hour (km/h) near Sekolah Menengah Kebangsaan (SMK) Jati in December last year.

Perodua technical assistant, Ameerul Aidil Adha Jamharuddin, 31, who is also the 25th prosecution witness, said this speed was recorded by the anti-lock brake system or vehicle stability control (ABS/VSC) in the Perodua Ativa, which stores all vehicle safety operation data.

He said that at the time of the collision, the brake lights did not illuminate, indicating that the brake pedal was not pressed at all when the data was recorded.

Additionally, he said the ABS/VSC system also recorded the accelerator pedal in a fully pressed position, 100 per cent, and the steering wheel at -2.5-degree, indicating the tyres were in a straight position, and the Ativa was moving in a straight line when the collision occurred.

"ABS/VSC recorded only one data point, which is the Pre-Collision Brake (PB), and no Brake Assist (BA) data was recorded. PB is a warning to the driver if there is a vehicle or pedestrian ahead, while BA is brake assistance in the event of an impending collision. However, BA will not function if the driver overrides this system by swerving, braking, or accelerating the vehicle," he said before Judge Datuk Bhupindar Singh Gucharan Singh Preet on the 13th day of the trial of a senior police officer charged with the murder of Muhammad Zaharif Affendi.

During the cross-examination by deputy public prosecutor Afzainizam Abdul Aziz, the witness clarified that given the accelerator pedal was at full use, or in simple terms, fully pressed, BA did not operate due to the acceleration situation.

Meanwhile, Ameerul Aidil Adha said that upon inspection at 11am on Jan 3 this year, he found that there was no video recorder in the vehicle.

"For this Ativa Advance model, a video recorder should have been installed, but I found that the video recorder in the vehicle was missing," he said.

According to the charge, Deputy Superintendent Mohd Nazri Abdul Razak, 45, is accused of murdering Muhammad Zaharif Affendi, 17, on Jalan Taman Jati 1, near SMK Jati, between 11.45am and 12.32pm on Dec 15, 2023.

The senior police officer faces a charge under Section 302 of the Penal Code, which carries the death penalty or imprisonment for 30 to 40 years, along with a minimum of 12 strokes of the cane, if convicted.

The prosecution team includes Afzainizam, Nasrul Hadi Abdul Ghani, V. Suloshani, and Low Qin Hui, while the defendant is represented by lawyers M. Athimulan, Datuk Mior Faridalathrash Wahid, and Aiman Hakim Kamaruzzaman.

The trial will continue tomorrow.

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