The Attorney General’s Chambers (AGC) has come under scrutiny following its decision to charge the accused in the death of factory worker and delivery rider, Amirul Hafiz Omar, with murder.
The case has sparked intense debate among legal observers and the public, particularly regarding the challenges associated with proving a murder charge under Section 302 of the Penal Code.
Prosecutors must prove the accused’s intention to cause death
Under Malaysian law, prosecutors must demonstrate that the accused either intended to cause death or knew that their actions were highly likely to result in death. This high threshold has led some to question whether the murder charge is appropriate given the specific circumstances of the case.
The accused, R. Saktygaanapathy, is alleged to have been driving under the influence of alcohol when he struck Amirul Hafiz Omar in Klang on Sunday morning (29 March). The victim was pronounced dead at the scene after being flung from his motorcycle and landing on a Perodua Myvi in the opposite lane.
Critics have also raised concerns regarding the absence of additional charges under the Road Transport Act 1987, specifically for driving under the influence of alcohol or drugs.
Section 44(1) of the Act provides strict penalties for causing death while intoxicated, including:
- Imprisonment of between 10 and 15 years.
- Fines ranging from RM50,000 to RM100,000.
- Disqualification from holding a driving licence for 10 years
Repeat offenders face even harsher consequences, including up to 20 years’ imprisonment, higher fines, and a 20-year driving ban.
While Saktygaanapathy has already pleaded guilty to a charge of drug consumption, he has yet to enter a plea for the murder charge. The case is expected to be transferred to the High Court for further proceedings.
AGC defends decision to pursue murder charge
In response to queries, Attorney General Dusuki Mokhtar defended the prosecution’s approach. He expressed confidence that the decision to proceed under Section 302 is justified, emphasising that the case is a serious matter of significant public concern that warrants firm legal action based on the available evidence.
Saktygaanapathy was detained by the Royal Malaysia Police (PDRM) for four days before being brought to court on Tuesday morning (1 April). The deceased’s wife was also present at the Klang Magistrate’s Court, where she revealed her intention to file a RM1 million lawsuit against the accused.
The court has denied bail, and the matter is scheduled for a hearing on 3 June this year.
Stay tuned to WORLD OF BUZZ for further updates.
