Jelutong MP RSN Rayer has questioned Attorney-General Dusuki Mokhtar over what he described as inconsistent actions in two separate fatal road accidents involving drivers allegedly under the influence of drugs and alcohol.
In a statement today, Rayer said he supported firm legal action against substance-impaired drivers, citing the recent case of R Saktygaanapathy, who was charged at the Klang Magistrate’s Court on April 1 under Section 302 of the Penal Code for murder.
Saktygaanapathy was allegedly driving under the influence of benzodiazepines and tetrahydrocannabinol (THC), resulting in the death of motorcyclist Amirul Hafiz Omar on March 29 in Klang, Selangor.
He pleaded guilty to self-administering drugs but has yet to enter a plea on the murder charge, pending the case being transferred to the High Court.
Rayer also expressed sympathy to Amirul’s family, noting that the victim was reportedly on his way to buy mathematics books for his children at the time of the incident.
“I pray that his family is granted patience, strength, and resilience to endure this most difficult time,” he said.
Dusuki has expressed confidence in the prosecution’s decision to pursue a murder charge for “a blatant disregard of human life.”
Batu Gajah fatal crash
However, Rayer raised concerns over another fatal accident on Feb 9 in Batu Gajah, Perak, which claimed the lives of three family members - SR Sarala Devi, 34; G Sarasbathy Gopal, 65; and three-year-old S Shaastikka.
He recalled that in that case, the driver of a Toyota Hilux, who was also believed to be under the influence of THC, was probed under Section 41(1) of the Road Transport Act (RTA) 1987 for reckless and dangerous driving.
Citing Article 8 of the Federal Constitution, which guarantees equality before the law and prohibits discrimination, Rayer questioned why the Klang case was charged with murder, while the Batu Gajah case was only probed for reckless driving despite both involving impaired driving resulting in fatalities.
“As all citizens are equal before the law, the attorney-general must explain why the Klang case was charged under Section 302 of the Penal Code, while the Batu Gajah case was only probed under Section 41(1) of the RTA,” he said.
Rayer stressed that a clear and convincing explanation was necessary to prevent public confusion and misunderstanding of the law.
He added that failure to do so could undermine public confidence, stressing that the supremacy of the Constitution and the rule of law, as enshrined in the Rukun Negara, must always be upheld.
Rising racial rhetoric
When contacted, lawyer Latheefa Koya echoed the demand for an explanation, citing another case against lorry driver Rudi Zulkarnain, who was charged on May 16 last year under Section 41 of the RTA for causing the death of nine FRU constables.
“In any case, driving under the influence of drugs or alcohol is not confined to any particular race - news reports are replete with examples of perpetrators from all races,” she said.
Latheefa noted that racist rhetoric against Indian Malaysians is increasing, saying it is a continuation of the racial abuse that began with the so-called “illegal temples” issue, which was not contained or effectively dealt with by government leaders.
“The continuing absence of moral leadership by the government amid the shocking racist polemics against the Indian community is unacceptable and a shame to the nation.
“There has been barely a peep or a sound condemning this racism and race-baiting from the prime minister or the cabinet,” said the former MACC chief commissioner. - Mkini
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