Court grants leave for judicial review in road rage murder trial

KUALA LUMPUR: The High Court here has granted leave for judicial review in an application filed by a man who was charged with murder in a road rage incident to challenge the Attorney General (AG)'s Chambers' prosecution against him.

Lawyer Wee Choo Keong, who represented plaintiff Yew Wei Liang, said that Justice Mariana Yahya had granted leave for judicial review after hearing the application in her chambers.

"We want to review the procedural impropriety of the AG," he told reporters here on Wednesday (Feb 19).

On Aug 19, last year, Yew was charged at a Kajang Magistrate's Court for the murder of Syed Muhammad Danial Syed Shakir near KM293.6 of the North-South Expressway (NSE) between 1pm and 2pm on Aug 10,2019.

The offence falls under Section 302 of the Penal Code, which carries the mandatory death penalty.

Yew, 42, filed the application for leave for judicial review for a declaration that the public prosecutor's consent under Section 177A(1) of the Criminal Procedure Code, which relates to the transmission of a case to be tried at the High Court, as mala fide or done in bad faith.

He named the AG as the sole respondent in the suit.

The IT officer also sought to declare that his remand by the Magistrate's Court from Aug 14,2019, until Dec 10,2019, was unlawful and his continuing remand at the Sungai Buloh prison is still unlawful.

Yew is also seeking an order to cancel his charge Section 302 of the Penal Code and an order of prohibition to stop the AG from prosecuting him under the same section as well as general damages.

Senior Federal Counsel Shamsul Bolhassan represented the AG.

The case is fixed for case management on March 4.