KUALA LUMPUR: The Attorney General's Chambers (AGC) says that the prosecution of five minors in Zara Qairina Mahathir's case was made under Section 507C(1) of the Penal Code because it is related to bullying only and not causing the death of the 13-year-old girl.
The AGC explained that the decision to charge the five teenagers under Section 507C(1) was based on a thorough review of the investigation papers.
"Therefore, the AGC reiterates that the charge under Section 507C(1) of the Penal Code in this case is grounded on evidence and facts obtained from the completed investigation," the statement read on Tuesday (Aug 19).
The follows a statement by the lawyer representing Noraida Lamat, the mother of the Zara Qairina, who had requested a postponement of the prosecution process and proposed that the teens be charged under Section 507D(2), which carries a heavier penalty.
The AGC responded by stating that the argument raised by the lawyer that if the teens plead guilty to the lesser charge, they could not later be charged under Section 507D(2) or a more serious offence due to the double jeopardy clause under Article 7(2) of the Federal Constitution, was speculative and not supported by concrete facts.
The AGC also confirmed that an inquest would still proceed to determine the actual cause of Zara Qairina's death.
On Monday (Aug 18), Attorney General Tan Sri Mohd Dusuki Mokhtar confirmed that the five minors would be charged in the Kota Kinabalu Children's Court under Section 507C(1) of the Penal Code, while the Kota Kinabalu Coroner's Court set Sept 3 to commence the inquest proceedings into Zara Qairina's death.
Zara Qairina died at Queen Elizabeth I Hospital in Kota Kinabalu on July 17, after being found unconscious in a drain near the school dormitory on the morning of July 16 in Papar. – Bernama
