KOTA KINABALU: Proceedings against five teenagers accused of bullying 13-year-old Zara Qairina Mahathir took a brief break before their pleas could be taken at the Children’s Court here on Wednesday (Aug 20).
Lawyers from the Sabah Law Society, who were on a watching brief, were seen leaving the courtroom briefly during the proceeding.
A group of lawyers and police officers later gathered outside the courtroom before re-entering after about 20 minutes.
In a press statement on Tuesday (Aug 19), lawyer Hamid Ismail, who represents Zara Qairina’s family, urged the court to postpone the case to allow for stiffer charges to be considered.
He said the family is appealing to the Attorney General to review the decision to charge the teenagers under Section 507C(1) of the Penal Code, which covers bullying offences only.
Hamid, together with several other lawyers, expressed concern that proceeding under Section 507C(1) could prevent the accused from facing heavier charges later, should further investigations uncover stronger evidence.
They argued that if the teenagers plead guilty now, the constitutional principle of double jeopardy would bar any subsequent prosecution for more serious offences, such as under Section 507D(2) of the Penal Code.
On Tuesday, the Attorney-General’s Chambers defended its decision, stating that the charges were based on evidence obtained from a thorough review of the investigation papers.
The teenagers, who arrived in a heavily tinted police van at about 8.30am, were escorted quietly into the court under tight security.
Only relevant personnel were allowed inside, with welfare officials, defence counsels and lawyers representing Zara’s mother seen entering shortly after 9am.
Zara died at Queen Elizabeth Hospital on July 17, a day after she was found unconscious in a drain near her school dormitory in Papar.
