PETALING JAYA: The Malaysian Bar has urged the prosecution to reassess its murder charge against the 15-year-old girl from Terengganu who allegedly killed her newborn.
Malaysian Bar president AG Kalidas said the prosecution needed to take into account the age of the girl and the distressing circumstances of the case when levelling a charge against her.
“Given her age, she is obviously a victim of statutory rape. The girl is likely to have suffered from an appalling mental and emotional state as a result of her ordeal,” he said in a statement.
Kalidas said the National Legal Aid Foundation was empowered to provide legal aid to children who came into conflict with the law, but the enforcers must also play their role.
“The police must continue to make access to legal representation known to children and their parents or guardians from the moment of arrest or detention.
“Courts must refuse to proceed with any legal proceedings until the child has obtained legal advice and representation,” he said.
He said this was in line with the United Nations’ Convention of the Rights of the Child, of which Malaysia was a signatory.
He also said it may be more beneficial for the victim to undergo rehabilitation rather than being criminalised through the justice system.
The girl was denied bail by the Kemaman magistrates’ court after being charged with the murder of a newborn boy under Section 302 of the Penal Code on Tuesday. - FMT
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