KOTA KINABALU: Lawyers for the family of the late Zara Qairina Mahathir want the Attorney General (AG) to bring a charge with more severe penalties against five juveniles suspected of bullying the schoolgirl.
They said five teenagers will be charged under Section 507C(1) of the Penal Code for bullying, a lighter charge.
"We hereby ask that the AG temporarily postpone the prosecution (scheduled for Wednesday, Aug 20)," the lawyers said in a statement on Tuesday (Aug 19).
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The lawyers urged the AG to consider charging the teenagers under Section 507D(2) of the Penal Code, which carries a jail term, a fine, or both upon conviction.
They said if the existing evidence is insufficient to bring a case under Section 507D(2), a further investigation should be conducted and the planned prosecution postponed.
If, however, there is enough evidence to charge the suspects under Section 507D(2), they urged the AG to consider applying the more serious offence.
"We are concerned that if the prosecution under Section 507C(1) of the Penal Code continues and all the accused plead guilty tomorrow (or later), and further investigation or the inquest finds evidence of an offence under Section 507D(2)... or a more serious offence, they can no longer be prosecuted based on double jeopardy," the lawyers said in the statement.
They said double jeopardy was enshrined in Article 7(2) of the Federal Constitution, where a person cannot be tried twice for the same offence.
"We have written a letter to the AG this morning and it has been sent via e-mail (appealing for this)," they added.
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The lawyers representing Zara's mother Noraidah Lamat are Hamid Ismail, Shahlan Jufri, Rizwandean M Borhan, Mohd Luqman Syazwan Zabidi, Mohd Syarulnizam Mohd Salleh and Farrah Nasser.
Zara Qairina, 13, was found unconscious on the ground floor of her school dormitory in Papar on July 16 and passed away the following day.
The matter was initially classified as sudden death but the case was reopened after bullying allegations surfaced.
Zara Qairina's body was then exhumed for a post-mortem.
It was reported that an inquest into her death would be held from Sept 3.
On Monday (Aug 18), AG Tan Sri Mohd Dusuki Mokhtar said five juveniles suspected of bullying would be charged on Wednesday under Section 507C(1), relating to the offence of using or making threatening, abusive or insulting words or communication.
Section 507D, which is known as the “Esha Clause”, was introduced in the Penal Code (Amendment) Bill (2) 2024 in honour of Rajeswary Appahhu, a cyberbullying victim who died by suicide last year.
It criminalises any words or actions used to threaten, insult or defame with the intent to provoke self-harm or harm to others.
