IPOH: The High Court here heard today that the death of Muhammad Zaharif Affendi Muhd Zamrie, who was struck down by a police officer's vehicle on Dec 15 last year, was initially investigated as a traffic offence.
Ipoh district police headquarters Criminal Investigation Department (CID) chief, Deputy Superintendent Mohd Zulkefli Mohd Mukhtar, 51, who was the 27th prosecution witness, said that the initial investigation paper was opened by traffic investigation officer, Inspector Jong Pit Chao.
However, after an initial review of the investigation paper, the case was taken over by the CID on Dec 16, 2023, under Assistant Superintendent Chua Sze Chuan, following instructions from the chief.
"After receiving instructions to charge and further directions from the Deputy Public Prosecutor on Dec 18, 2023, the case was handed over to Assistant Superintendent S. Dasarathan," Zulkefli said.
"This was as per the directions of the Deputy Chief of the Criminal Investigation Department (Investigation and Prosecution), with assistance from the initial investigators, Inspector Jong and Assistant Superintendent Chua," he added.
He made the statement before judge Datuk Bhupindar Singh Gucharan Singh Preet during cross-examination on the 14th day of the trial of a senior police officer accused of murdering Zaharif Affendi.
Zulkefli testified that he formed a task force to ensure the investigation into the death of the Sekolah Menengah Kebangsaan (SMK) Jati student was thorough and updated.
He said he assisted ASP Dasarathan in seizing the accused officer's clothing, a white T-shirt and black knee-length pants, at Taiping Prison on Dec 19 last year.
"The seizure was made because these were the clothes worn by the accused during the incident. On the same day, I handed over the seized items to ASP Dasarathan for further investigation.
"Other than this action, I had no direct role in the investigation, except for supervising and monitoring the tasks of the investigating officers and the task force," he said.
He added that the investigation involved recording witness statements and conducting forensic, technical and medical examinations.
During questioning by Deputy public prosecutor Afzainizam Abdul Aziz, Zulkefli admitted that he did not mark the accused's seized clothing as evidence.
Defence lawyer Datuk Mior Faridalathrash Wahid, during cross-examination, asked why the accused's clothing was not seized during the arrest.
Zulkefli responded that he could not answer as the initial investigation was carried out by traffic police officers.
Mior Faridalathrash: "You did not mark the evidence, correct?"
Zulkefli: "Correct."
Mior Faridalathrash: "How can you confirm that the evidence presented in court today is the same as that seized at the prison?"
Zulkefli: "Based on the brand name on the evidence."
Deputy Superintendent Mohd Nazri Abdul Razak, 45, is charged with murdering Zaharif at Jalan Taman Jati 1, near SMK Jati, between 11.45am and 12.32pm on Dec 15, 2023.
The officer was charged under Section 302 of the Penal Code, which carries a penalty of death or imprisonment for 30 to 40 years and a minimum of 12 strokes of the cane upon conviction.
The prosecution team includes Afzainizam, Nasrul Hadi Abdul Ghani, V. Suloshani, and Low Qin Hui, while the accused was represented by lawyers M. Athimulan, Mior Faridalathrash and Aiman Hakim Kamaruzzaman.
The trial will resume on Dec 9.