IPOH: A prosecution witness today told the court that the vehicle driven by a senior police officer was tailgating the motorcycle ridden by Muhammad Zaharif Affendi Muhd Zamrie.
In May last year, Mohd Nazri Abdul Razak, 46, claimed trial to killing Muhammad Zaharif Affendi at Jalan Taman Jati 1, near SMK Jati, between 11.45am and 12.32pm on Dec 15, 2023.
The deputy superintendent of police could face the death penalty or imprisonment of between 30 and 40 years, with a minimum of 12 strokes of the cane if convicted.
Malaysian Institute of Road Safety Research (Miros) principal accident analyst unit head Ahmad Noor Syukri Zainal Abidin, 42, who is also the 31st prosecution witness, said based on data collection and analysis conducted by the Miros team, the first collision, classified as a rear-end collision, occurred when the Perodua Ativa tailgated the motorcycle closely.
"The impact of the first collision occurred when the front right side of the Perodua Ativa struck the rear of the motorcycle, causing it to fall to the left.
"The motorcycle became under-ridden beneath the front right section of the Ativa and was subsequently dragged to the right side of the road.
"The average speed approximately 50 metres before the point of impact was 89.76kph for the Perodua Ativa and 94.92 kph for the motorcycle," he read from his written statement before Judge Datuk Bhupindar Singh Gucharan Singh Preet.
Noor Syukri said in the first collision between the Perodua Ativa and the motorcycle — when the latter was still upright — two possible scenarios could have occurred.
"First, the Ativa continued moving at a consistent speed while the motorcycle slowed down as it approached the point of impact.
"Or, the motorcycle maintained a consistent speed while the Ativa accelerated as it approached the point of impact," he said.
He added, however, that in the absence of additional information from the Perodua Ativa's event data recorder (EDR) system, it was not possible to determine which scenario was more likely.
When presented with the EDR report by deputy public prosecutor Afzainizam Abdul Aziz, Noor Syukri concluded that the first scenario — where the car continued moving at a consistent speed while the motorcycle slowed down as it approached the point of impact — was more probable.
The EDR data was extracted from a device similar to a "black box" in airplanes. It is designed to record and store specific vehicle and occupant data before, during and after a collision.
Counsel M. Athimulan objected to the Miros report under Section 399 of the Criminal Procedure Code, arguing that the witness's evidence was based on expert opinion and not on factual grounds.
However, Afzainizam contended that the report was admissible under Section 45 of the Evidence Act.
Judge Bhupindar allowed the report to be marked as an exhibit, stating that its admissibility could be addressed further during submissions at the end of the prosecution's case.
The accused is also represented by lawyers Mior Faridalathrash Wahid and Aiman Hakim Kamaruzzaman.
On Dec 5, the court was told that Zaharif Affendi's motorcycle was hit by the white Perodua Ativa at a speed of 90.9kph.
Perodua technical assistant Ameerul Aidil Adha Jamharuddin, 31, who is the 25th prosecution witness, said this speed was recorded by the vehicle's anti-lock brake system or vehicle stability control (ABS/VSC).
He also 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.
On Dec 2, Azura Yusoff, 50, the 16th prosecution witness, said Zaharif was thrown forward from the motorcycle after being hit.