IPOH: An investigating officer told the High Court here today that he was instructed by the deputy public prosecutor to charge senior police officer Mohd Nazri Abdul Razak under Section 302 of the Penal Code for murder.
Last May, Nazri claimed trial to killing Muhammad Zaharif Affendi in Jalan Taman Jati 1, near SMK Jati, between 11.45am and 12.32pm on Dec 15, 2023.
The deputy superintendent faces the death penalty or 30 to 40 years in jail, as well as at least 12 strokes of the cane, if convicted.
Assistant Superintendent Chua Sze Yuan, who is the 32nd prosecution witness, said the investigation paper was submitted for an initial briefing to the deputy public prosecutor on Dec 17, 2023.
"After the briefing, I was informed in the evening that the directive received was for the individual named Mohd Nazri to be tentatively charged under Section 302 of the Penal Code," he read from his written statement before judge Datuk Bhupindar Singh Gucharan Singh Preet.
Chua said he had received instructions from the district police chief, through the district Criminal Investigation Division chief Deputy Superintendent Mohd Zulkefli Mohd Mukhtar, to take over the investigation from traffic investigation officer Inspector Jong Pit Chao.
"I officially took over the investigation on Dec 16, 2023 at about 11am from Jong, who was also directed to continue assisting in this case's investigation.
"Before I took over, I received instructions from Zulkefli on the evening of Dec 15, 2023 to assist Jong.
"This was because the investigation also involved aspects under the purview of the Criminal Investigation Department and was not limited to the jurisdiction of the Traffic Investigation and Enforcement Department," he said.
Chua said Jong helped record statements from witnesses, as there were numerous witnesses involved in the investigation.
He said Jong helped him record the statement of Nazri, who was later arrested by Jong on Dec 15, 2023 about 8pm.
"On Dec 16, 2023, I revisited the scene of the incident with Jong. I inspected the area to determine whether there were any closed-circuit television cameras (CCTV) near the scene.
"I identified several cameras, specifically in the mosque area and the residential area, and instructed detectives to take initial action to obtain further information on the identified cameras."
Chua said on Dec 17, 2023, he received information from Jong about two dashcam video recordings of the incident.
"I instructed her to send the recordings via WhatsApp. After reviewing the videos, I directed Jong to trace and contact the owners of the videos and the vehicles involved.
"On the same day, the investigation paper was submitted for an initial briefing to the deputy public prosecutor.
"After the briefing, I was informed in the evening that the directive was for Mohd Nazri to be tentatively charged under Section 302 of the Penal Code," he said.
Chua said on Dec 18, 2023, after receiving the directive to charge Nazri, he managed the process for filing the charges in court.
"However, on the same afternoon, I received instructions for the investigation paper to be taken over by Assistant Superintendent S. Dasarathan.
"The directive was issued through the Ipoh district police's Criminal Investigation Division chief, although I was still asked to assist Dasarathan."
On the same date, Chua said, he handed over case items to Dasarathan after the latter officially took over as the investigating officer.