Senior Perak cop hit-and-run trial: Police allowed to use private vehicles for law enforcement, witness tells High Court

IPOH, Jan 17 — The High Court here was told today that the police can use private vehicles while enforcing the law against offenders who commit traffic or criminal offences.

ASP S Dasarathan, 46, the 33rd prosecution witness in the trial of Mohd Nazri Abdul Razak, who is accused of murdering Muhammad Zaharif Affendi, said so in reply to a question during his cross-examination by defence lawyer Datuk Mior Faridalathrash Wahid in front of Judge Datuk Bhupindar Singh Gucharan Singh Preet.

Mohd Nazri, 45, is on trial for murdering Muhammad Zaharif, 17, along Jalan Taman Jati 1 near Sekolah Menengah Kebangsaan Jati between 11.45 am to 12.32pm on Dec 15, 2023.

Dasarathan agreed that no orders, provision or set punishment by the Inspector-General of Police prevented a police personnel from using their own vehicle while enforcing the law.

Mior: Do you agree if I said that the duties and responsibilities of a police personnel as a law enforcer is complete when he completes the task by taking legal action until action is taken against the traffic or criminal offender under the provision of the law?

Witness: Agreed.

Mior: Do you agree with me that there are provisions in the law that states, and I refer to Section 225A of the Penal Code, that a civil servant who abstains from apprehending or letting someone off from the provision of the law is an offence if he fails to act in accordance to the law?

Witness: Agreed.

Dasarthan also said that the Department of Environment’s test results showed that the sound emitted by exhaust of the Yamaha 135 LC driven by Muhammad Zaharif during the day of the murder, was loud and exceeded 100 decibels, which was above the permitted level.

Mior is part of the defence team representing Mohd Nazri, which includes M Athimulan and aiman Hakim Kamaruzzaman, while the prosecution is led by deputy public prosecutors Afzainizam Abdul Aziz and Nasrul Hadi.

Mohd Nazri, a senior police officer, is being charged under Section 302 of the Penal Code for murder and can be sentenced to death or 30 to 40 years’ jail with a minimum of 12 lashes if convicted. — Bernama