Lawyers acting for the family of the late Zara Qairina Mahathir have urged the Attorney-General’s Chambers (AGC) to postpone the charges against five minors for purportedly bullying the Form 1 student.
They said the AGC should file the charges under Section 507D(2) of the Penal Code for causing a person to believe that harm will be caused, instead of Section 506C(1) which deals with causing harassment to a person likely to feel harassed, distressed, fearful or alarmed.
They said 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.
“We hope that the five will be charged under Section 507D(2) of the Penal Code which provides for heavier penalties.
“If the existing evidence with the prosecutors is insufficient (to charge them under that provision), further investigations must be held to ensure that charges are filed under Section 507D(2),” the lawyers said in a statement.
They also expressed concern that further evidence could be uncovered in the inquest into Zara’s death which would further incriminate the five.
If this occurs and the teens are already charged under Section 506C(1), the lawyers said they could not be charged again over the same crime as that would amount to double jeopardy, a situation where accused persons are charged twice with the same crime.
The lawyers said they had written to the attorney-general about the matter this morning.
Yesterday, the AGC said five minors believed to have bullied Zara would be charged in the Kota Kinabalu children’s court on Wednesday.
It said this would not disrupt the inquest into the teenager’s death, set to begin on Sept 3, or the ongoing police investigation.
Home minister Saifuddin Nasution Ismail told the Dewan Rakyat yesterday that the probe into Zara’s death had revealed elements of bullying, neglect and sexual harassment.
Saifuddin said these elements were uncovered after recording statements from 195 witnesses, including her hostel mates, adding that the signs of bullying were “clear”.
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.
