KLANG: A lawyer has called for the suspect remanded for four days in connection with an alleged fatal drunk driving incident at Jalan Raya Barat yesterday to be investigated for murder, instead of driving under the influence.
Lawyer M. Partiben said individuals who engage in dangerous conduct that leads to death should be probed under Section 300(d) of the Penal Code, which covers acts so inherently dangerous that they are likely to cause death.
Referring to the head on collision which occurred after a car struck a motorcyclist, Partiben said a murder charge could still be established even if there was no specific intent to kill.
"The key element under Section 300(d) is knowledge where the accused must have known that the act was extremely dangerous and carried a high risk of causing death.
"Conviction is possible even if there was no specific intention to kill the person.
"This section is often applied in cases such as firing shots recklessly at a crowd or driving a vehicle dangerously resulting in death.
"It is often read together with Section 302 for murder which provides for the death penalty, imprisonment and also caning," he said.
Meanwhile, Partiben proposed several measures to tighten law enforcement to prevent similar incidents.
He said this includes imposing fines of up to RM150,000 and prison sentences of up to 20 years in certain cases.
In addition, he suggested that driving licences be suspended for up to seven years to prevent repeat offences.
He also proposed the use of more advanced testing technology to ensure accuracy and prevent manipulation.
"Blood tests may also be considered, although more invasive, but they must be carried out under clear procedures," he said.
He added that increased surveillance through closed-circuit television and the implementation of a demerit system could help authorities detect and monitor repeat offenders.
South Klang police chief Assistant Commissioner Lim Jit Huey said the suspect in his 20s has been remanded until Thursday to assist in investigations.
The suspect, tested positive for alcohol and drugs, was detained under Section 44(1) of the Road Transport Act for driving under the influence.
The offence carries a maximum 15 years' imprisonment, a fine of up to RM100,000, and disqualification from driving for at least 10 years.
In the 11.40am incident, a motorcyclist in his 30s was instantly killed after being hit by the car driven by the suspect, who was heading towards Klang town from Jalan Raya Barat at high speed.
The driver is believed to have overtaken several vehicles before entering the opposite lane and colliding with the motorcycle.
The impact caused the victim to be flung onto a Perodua Myvi. He was pronounced dead at the scene. - NST
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