Justice In Motion: 5 Teens Charged In Zara Qairina’s Bullying Case – A Quick Recap
Here’s a roundup of what has taken place in the case of five teenagers accused of bullying the late Zara Qairina Mahathir.
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The court hearing regarding the bullying case of the late Zara Qairina Mahathir is underway. Here are the updates on the court hearing so far:
Lawyers on both sides are working on a pro bono basis
Lawyers representing Noraidah Lamat, mother of the late Zara Qairina, (pic) have dismissed viral claims that she was seeking donations for herself to cover legal fees.
The legal team confirmed that a bank account number was circulated online for public contributions following Zara’s death, but the collection was halted shortly after.
She’s currently not collecting any donations for herself or to pay legal fees.
However, Noraidah will only accept contributions directly in person or via authorised representatives from non-governmental organisations.
Her lawyers also clarified that they’re representing her on a pro bono basis aka free of charge.
Datuk Ram Singh, the lawyer representing one of the five teenagers charged, also explained the defence team is working on a pro bono basis. The same goes for the other lawyers representing the other four teenagers accused of bullying the late Zara Qairina.
A gag order has been issued
The Children’s Court has issued a gag order on 20 August to protect the identities and dignities of children under Section 15 of the Child Act 2001.
The gag order is not about covering up the matter but to protect the children following the law. Section 15 of the Child Act 2001 prohibits the media from publishing images or reporting on children involved in legal proceedings, under protection, or deemed beyond control.
Following the gag order, the lawyers representing the five teenagers accused of bullying reassured the public that all five children are not children of VVIPs but minors who have the right to legal representation.
Additionally, children who commit a crime will still be punished under the same law as adults. Under Section 12, the Court For Children is conducted privately instead of an open court. The court has a different entrance from other courts in the same building to allow privacy when children are brought in and out.
Section 12 also limits who can be in the Court For Children to only officers of the court, the children involved in the court case, their parents, guardians, lawyers, and witnesses. Other persons directly involved in the case and other responsible persons decided by the court are allowed in as well.
The five kids not charged with causing death
The five children accused of bullying are charged under Section 507C(1) of the Penal Code.
The Attorney General’s Chambers (AGC) stressed that the Section 507C(1) charge only refers to the acts of bullying and not linked to Zara Qairina’s death. This decision by the AGC was made after a thorough review of the investigation papers.
The lawyer representing Noraidah requested the postponement of the prosecution process and proposed the teens to be charged under Section 507D(2), which has a heavier penalty.
The AGC dismissed the double jeopardy speculations that if the teens plead guilty to a lesser charge, they could not be charged later under Section 507D(2) or a more serious offence.
An inquest would still proceed to determine the actual cause of Zara Qairina’s death.
The court set the trial for 8 to 12 December, 15-19 December, while 25 September and 16 October were fixed for further mention and pre-trial case management.
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