Amending charges as new evidence emerge is normal, says minister

New Straits Times

4 hours ago

KUALA LUMPUR: Amending charges in an ongoing trial is a normal process, says Home Minister Datuk Seri Saifuddin Nasution Ismail.
He was commenting on the case of Zara Qairina Mahathir, in which some parties had called for a delay in charging the suspects involved in her death until more evidence could be found to charge them under a law that carried heavier penalties.
Five teenagers had pleaded not guilty to a charge of using insulting words against Zara Qairina Five teenagers had pleaded not guilty to a charge of using insulting words against Zara Qairina. The minors, whose identities are protected under the Child Act, were jointly charged at the Kota Kinabalu Court for Children today.
Saifuddin said the true cause of Zara Qairina's death will be determined when the Coroner's Court in Kota Kinabalu conducts an inquest next month.
He added that meanwhile, at the trial in the Kinabalu Court for Children, the prosecution will attempt to establish the elements of bullying as defined by law, and that process will unfold accordingly.
"If, during the inquest, affirmative evidence emerges in identifying the perpetrator, I believe the inquest will be halted, as the suspect would have been established. Naturally, the charges would then be amended.
"Amending charges during legal proceedings is a normal process. For now, this is the attorney-general's decision (to charge under Section 507C(1) of the Penal Code for common intention in using insulting words)," he said in his winding-up speech on the 13th Malaysia Plan in Parliament.
"The police's role is complete at this stage and I urge that there be no perception that this is an attempt to protect anyone."
Saifuddin was responding to a question from Afnan Hamimi Taib Azamudden (PN-Alor Star) on whether charges could be amended if the inquest or investigation uncovered new evidence.
He also mentioned the case of Wan Ahmad Faris, whose body was found in a school dormitory toilet in 2013. A coroner's ruling stated that the teenager did not die by suicide.
"Wan Ahmad Faris' family is pushing for the case to be revisited. Yes, the police will reopen it. The investigation papers have been completed.
"At the time, the deputy public prosecutor had instructed no further action be taken, but since the family believes there is reason to review it, I have discussed this with the director of the Criminal Investigation Department.
"What prevents us from reopening it? The police have said there is no problem and the case can be reopened because the investigation has been completed," he said.
Wan Ahmad Faris' case resurfaced recently after the victim's family and civil society groups called on the authorities to pursue justice in the wake of suspicious deaths believed to be caused by bullying.
Besides Zara Qairina and Wan Ahmad Faris, the death of a Reserve Officers' Training Unit (Palapes) cadet in Universiti Teknologi Malaysia (UTM) has also reignited allegations of bullying in higher-learning institutions.
Cadet Syamsul Haris Shamsudin, 22, died on July 28 at Kota Tinggi Hospital while undergoing training at the Combat Inoculation Firing Range of the Army Combat Training Centre (Pulada) in Ulu Tiram, Johor.
His mother, Ummu Haiman Bee Daulatgun, 45, had called for an immediate and transparent investigation into her son's death, claiming that she had seen bruises and unusual marks on his body.