Lawyer RSN Rayer says it is more appropriate to file a charge under the Child Act for alleged abuse or causing grievous hurt with a dangerous weapon.
PETALING JAYA: A lawyer has posed the question why police are investigating the assistant warden who allegedly abused a tahfiz school student for murder.
RSN Rayer said the case of Mohamad Thaqif Amin Mohd Gaddafi, 11, did not fall under Section 302 of the Penal Code for murder at all.
“Nowhere is this case near murder or culpable homicide not amounting to murder,” he told FMT.
He said it would be more appropriate to file a charge under the Child Act for alleged abuse or causing grievous hurt with a dangerous weapon.
After the death of Thaqif yesterday, Inspector-General of Police Khalid Abu Bakar tweeted that the case had been classified under Section 302 (for murder) of the Penal Code.
Johor police said they had earlier investigated the case under Section 31 of the Child Act for alleged abuse, neglect or abandoning a child in a manner that may cause physical or emotional injuries to him.
Malaysia carries the mandatory death sentence for people found guilty of murder. Those who commit culpable homicide not amounting to murder face a maximum jail term of 30 years, and maybe a fine.
Thaqif died at the Sultan Ismail Hospital (HSI) in Johor Baru yesterday.
On Friday, HSI doctors amputated his legs but the following day, he lapsed into a coma.
Rayer also questioned the possible chances of securing a conviction of the accused.
“The charge should satisfy the legal requirements stated under the law,” he said.
Another lawyer, Fahmi Abd Moin, did not share Rayer’s sentiments on the police move to reclassify Thafiq’s case as murder.
“The police may have some reasonable grounds in their investigations to conclude that the cause of death is because of claims of continuous abuse by the suspect.”
Fahmi said if the case goes to court on a murder charge, the prosecution would have to prove the intention of the suspect in committing the crime against Thaqif.
“The prosecution needs to show there is an intention to kill the deceased.”
He added that if the prosecution failed to prove the essence for murder, the accused would walk free. -FMT
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