KUALA LUMPUR: The boy who was ordered to be detained in prison at the pleasure of the King for murdering his tuition teachers daughter should be granted a stay of execution and bail pending appeal in line with the spirit of the Child Act, the High Court heard yesterday.
Counsel Karpal Singh said the Child Act 2001, which was enforced on Aug 1, last year, stressed on care, protection and rehabilitation of the child even if he was found guilty of murder.
The spirit is not to punish the child but to rehabilitate him, Karpal Singh, who represented the boy, said when submitting before Justice Ahmad Maarop.
Karpal Singh said the court should allow both applications of the 13-year-old boy, pending an appeal, as it had the discretion to do so under Section 57(1) of the Courts of Judicature Act.
Karpal Singh said the court should also take into account that currently there were 175 criminal appeal cases ready to be heard at the Court of Appeal and it would take a long time before the boy's appeal was heard.
DPP Mohamad Hanafiah Zakaria, who acted for the respondent, said the applicant had failed to show any special reason for the court to use its discretion to grant both applications.
It is our submission that a stay is not automatic and should not be given as a matter of right, he said.
He said the boys appeal would not take a long time to be heard, adding that he had the opportunity to be released earlier as it was mandatory for the Board of Visiting Justices to review the applicants case at least once a year and they might recommend to the King for his early release.
The Form One student was charged on June 7 last year with the murder of the 11-year-old girl at her house here on May 30 last year.
Justice Ahmad fixed today to deliver his decision on both applications.
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