KUALA LUMPUR: There would be no overlapping of proceedings if the prosecution of several suspects in the bullying case were to be carried out simultaneously with the inquest into the death of Form One student Zara Qairina Mahathir, according to legal practitioners.
Lawyer Datuk Geethan Ram Vincent said that, for now, charges would be filed against the suspects involved in Zara Qairina’s bullying case, while the inquest is being held to enable interested parties to determine the cause of the victim’s death.
“The Attorney-General’s Chambers (A-GC) acts to charge suspects based on investigations by the police.
“When there is sufficient evidence, charges are brought, and even though charges have been filed, the inquest proceedings can continue to determine whether there are elements of crime or other misconduct apart from bullying.
“Perhaps after the inquest, charges may also be brought against other parties if sufficient evidence arises.
“The charges for the bullying case will not disrupt the inquest proceedings,” he told Bernama today.
He was commenting on the A-GC’s statement yesterday that it had decided to prosecute several suspects involved in the student’s bullying case.
It had also said that the prosecution of the suspects would not affect police’s ongoing investigations and the inquest proceedings in court.
Attorney-General Tan Sri Mohd Dusuki Mokhtar confirmed on the same day that five underage teenagers will be charged at the Kota Kinabalu Children’s Court tomorrow in connection with the student’s bullying case.
Meanwhile, lawyer Abu Dzar Mohd Annuar said the inquest proceedings would not interfere with the prosecution of the suspects involved in Zara Qairina’s bullying case, as the inquest is intended to determine the cause of death, not guilt.
“Inquest proceedings differ from prosecutions, as the inquest is not conducted to determine who is guilty, but rather to establish the cause and reason for death,” he said.
He said witness testimony in an inquest cannot be used as evidence in the prosecution process, although those witnesses may be called by the prosecution to testify in court.
“So, in my view, there will be no conflict of facts or outcomes because these are separate processes.
“The inquest is to determine the cause of death, while the prosecution is to establish whether the accused are guilty.
“In fact, the inquest helps the prosecution and authorities strengthen their evidence.
“That is why I believe both measures can help speed up or ensure Zara Qairina’s family learns what really happened to the victim,” he said.
The Kota Kinabalu Coroner’s Court in Sabah yesterday set Sept 3 to begin inquest proceedings into Zara Qairina’s death.
Zara Qairina, 13, died at Queen Elizabeth I Hospital here on July 17, after being found unconscious in a drain near her school hostel on the morning of July 16.– Bernama
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