PETALING JAYA, Aug 19 — The lawyer representing the family of the late Zara Qairina Mahathir has reportedly suggested that the prosecution charging those in her bullying case should link the suspects to the 13-year-old’s death.
Utusan Malaysia quoted lawyers Hamid Ismail explaining that this is so that heavier punishment can be imposed upon conviction, insisting that the stronger legal provision be used against the suspects.
“This decision is in line with our earlier recommendation to the Attorney General’s Chambers (AGC) as police findings clearly indicated elements of bullying before the tragedy that befell Zara,” he reportedly said.
“We hope the prosecution applies this section so that a severe sentence can be imposed if they are found guilty.”
He said his team has yet to be informed of the identities of the suspects.
Attorney General Tan Sri Mohd Dusuki Mokhtar yesterday confirmed that five underage teenagers will be charged in the Kota Kinabalu Juvenile Court.
He said all the teenagers involved will be charged under Section 507C(1) of the Penal Code, relating to the offence of using or making any threatening, abusive, or insulting words or communication.
Hamid had however suggested that the Section 507D(2) of the Penal Code that handles “causing a person to believe that harm will be caused” should instead be applied.
Under the Section, if a victim commits suicide as a result of such provocation, those convicted shall be imprisoned up to ten years, fined, or both.
In comparison, Section 507C(1) which handles harassment only prescribes a punishment of imprisonment up to one year, fine, or both.
Yesterday, the AGC said that it had examined the investigation papers into Zara Qairina’s death referred by the police and decided to charge several suspects involved based on the available evidence.
The AGC stressed that the decision to charge the suspects for the bullying offence will not affect the ongoing investigation by the police, including the inquest proceedings to be conducted in court.
