Kuala Lumpur: The Attorney General’s Chambers (AGC) on Tuesday clarified 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 to the death of the 13-year-old girl.
In a statement, Attorney General Tan Sri Mohd Dusuki Mokhtar 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.
The clarification follows a press statement by the lawyers 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 will still proceed to determine the actual cause of Zara Qairina’s death.
On Monday, the AGC confirmed that the five minors will be charged in the Kota Kinabalu Juvenile 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.
Meanwhile, Dusuki said the proposed charge against five teenagers will not affect the inquest into her death.
“If the coroner finds a criminal wrongdoing or criminal liability of any individual or suspect, we will get the suspect charged. However, we will have to gather sufficient evidence for that purpose first,” he said.
