Zara Qairina Case: Lawyers Urge Temporary Suspension of Prosecution Against Five Teenagers

KUALA LUMPUR — The legal team representing the family of the late Zara Qairina Mahathir has urged the authorities to temporarily halt the prosecution of five teenagers charged under Section 507C(1) of the Penal Code in connection with the bullying case that led to Zara Qairina’s death.

In a joint statement issued on Tuesday, the lawyers called on the Attorney General to reconsider the current charges and to suspend proceedings until further investigations are completed, Astro Awani reported.

“We are concerned that if the prosecution proceeds under this section and the accused plead guilty, it could create legal complications,” the statement read.

“This is especially crucial if further investigations or a future inquest uncovers evidence pointing to a more serious offence under Section 507D(2) of the Penal Code.”

The legal team emphasized that if a conviction is secured too early, the accused may no longer be prosecuted for a more serious offence due to the legal principle of double jeopardy, as outlined in Article 7(2) of the Federal Constitution.

They further stated that if the current evidence is insufficient to support a charge under Section 507D(2), additional investigations should be conducted to ensure that a more accurate and appropriate charge can be brought forward.

For this purpose, the legal team confirmed that an official letter was sent to the Attorney General via email on Tuesday morning.

The joint statement was signed by lawyers Hamid Ismail, Shalhan Jufri, Rizwandean M Borhan, Mohd Luqman Syazwan Zabidi, Mohd Syarulnizam Mohd Salleh, and Farrah Nasser.

On Monday, Attorney General Tan Sri Mohd Dusuki Mokhtar confirmed that five individuals are expected to be charged on Wednesday in connection with the bullying case involving the Form One student, the late Zara Qairina. The charges will be heard at the Juvenile Court in Kota Kinabalu, Sabah.