The Attorney-General’s Chambers (AGC) will proceed with charging five minors with bullying the late Form 1 student Zara Qairina Mahathir.
Attorney-General Dusuki Mokhtar confirmed that the prosecution would continue under Section 506C(1) of the Penal Code, which deals with causing harassment to a person likely to feel harassed, distressed, fearful or alarmed.
“We will proceed,” he said, according to Harian Metro.
Lawyers acting for Zara’s family had urged the AGC to postpone the charges against the five minors, saying they should be charged under Section 507D(2) of the Penal Code for causing a person to believe that harm would be caused.
Section 507D(2) provides for up to 10 years in prison, a fine or both upon conviction, while the offence under Section 506C(1) is only punishable by a maximum one-year jail term, a fine, or both.
The lawyers said further investigations should be held if needed to uncover more evidence for the charges to be framed under Section 507D(2).
They also expressed concern that further evidence could be uncovered in the inquest into Zara’s death after the teens are charged, preventing them from being slapped with heavier charges over the same crime.
Zara was found unconscious at 4am on July 16 after allegedly falling from the third floor of her school’s hostel in Papar, Sabah. She died at Queen Elizabeth I Hospital in Kota Kinabalu the following day.
Her body was exhumed on Aug 9 to allow for a post-mortem amid allegations of bullying.
