Defence to file new submission in police officer murder trial under Section 300(d)
Defence counsel M. Athimulan informed the High Court that their previous arguments had primarily addressed Section 300(c), but the prosecution is now relying on Section 300(d).
Athimulan requested an adjournment of six weeks to revise their submissions, which the court granted.
The prosecution will then have four weeks to respond. Judge Datuk Bhupindar Singh Gucharan Singh Preet scheduled the full hearing of submissions for October 1 and 2.
Deputy Public Prosecutor Afzainizam Abdul Aziz clarified that while the prosecution had mentioned Section 300(d) in their opening statement last November, the defence had not addressed it in their submissions.
'We stated reliance on both Sections 300(c) and 300(d), but the defence focused mainly on Section 300(c). Now, they must address Section 300(d) to avoid issues at the appeal stage,' he said.
Section 300(c) defines murder as an act intended to cause bodily injury likely to result in death, while Section 300(d) covers acts known to be imminently dangerous and likely to cause death, regardless of intent.
Mohd Nazri faces charges under Section 302 of the Penal Code for the alleged killing near SMK Jati on December 15, 2023.
If convicted, he could face the death penalty or 30 to 40 years' imprisonment and at least 12 strokes of the cane. - Bernama
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