The Attorney-General’s Chambers (AGC) has defended its decision on the charge against the five minors linked to the Zara Qairina Mahathir case.
The AGC said the decision to prosecute the teenagers under Section 507C(1) of the Penal Code, which covers harassment, was based on the evidence and facts gathered during investigations.
“This charge refers specifically to acts of bullying and is not linked to Zara’s death,” it said in a statement today.
The AGC also dismissed a suggestion by lawyers representing Zara’s family that further probes or an inquest could later justify a more serious charge under Section 507D(2), saying this was “speculative and not supported by accurate facts”.
An inquest, it added, would still be needed to determine the actual cause of Zara’s death.
Lawyers acting for Zara’s family had urged the AGC to postpone the charges against the five minors for purportedly bullying the Form 1 student.
They said that the five minors should be charged under Section 507D(2), which criminalises causing someone to believe they would suffer harm. The offence carries up to 10 years in jail, a fine, or both.
In contrast, Section 507C(1) provides for a maximum one year in jail, a fine, or both.
The lawyers also argued that further investigations should be held, if needed, to uncover more evidence for the charges to be framed under Section 507D(2).
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.
