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 ©The
Star (Used by permission)
KUALA LUMPUR: A deputy public prosecutor has contended that two juveniles
charged with murdering a hawker in 2004 can be tried at the High Court as they
were also facing an alternative charge of manslaughter.
DPP Ahmad Fuad Othman submitted that Thai national Itarik Saringa and Malaysian
Mohd Khairul Annuar Abd Khadir were 16 and 17 respectively when they were first
charged at the magistrate’s court on March 3, 2004 for murder under Section 302
of the Penal Code.
“Today (yesterday), Itarik is 21 while Khairul is 22 when they were slapped with
an alternative charge of manslaughter (of the same victim) under Section 304(a)
of the Penal Code.
“Therefore, the correct forum to hear this case is the High Court as their ages
are now above 18 years,” he submitted.
The two are accused of causing the death of Halim Abdul Rahman, 48, at the
pavement in front of the entrance of S & M complex in Jalan Tun Tan Cheng Lock
at 2.45pm on Feb 22, 2004.
They have claimed trial to both the murder and manslaughter charges. However,
DPP Fuad said that if the court found the two guilty of murder, then the judge
could not impose a death sentence on them as they were still juveniles (below 18
years) during the period as stated by Section 97 of the Child Act.
“The section stated that a sentence of death shall not be pronounced against a
person convicted of an offence if at the time of the offence, he was a child.
“In lieu of a sentence of death, the court shall order a person so convicted to
be detained in prison at the pleasure of the Yang di-Pertuan Agong, or the Ruler
or Yang di-Pertua Negeri if the offence was committed in the state,” argued DPP
Fuad.
Lawyer K. Viknesvaran, who appeared for Itarik, submitted that under Section 11
(5) of the same Act, the lower court has no jurisdiction to hear the case even
though the two were charged for the offence at a young age.
He said the power was still given to the High Court to hear the case under
Section 117 of the same Act. However, he said, he wanted to write to the
Attorney-General’s Chambers for his client's charge to be reduced.
Counsel Zaki Ezhar Bahar, who acted for Khairul, said he just received documents
for the case yesterday and would also make a representation to the A-G over his
client’s charge. High Court judge Lim Yee Lan set Sept 11 for mention pending
the outcome of the representations.
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Circular No 304/2008
