Double Jeopardy In Zara Case Lawyer Says It Depends

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Lawyer Haniff Khatri Abdulla has weighed in on whether the charges against Zara Qairina Mahathir’s alleged bullies today will prevent them from being charged with more serious crimes relating to her death.
ADSAccording to the veteran lawyer, this depends on whether the charges are based on events immediately before she was found mortally injured on July 16, or incidents well before that.
“If the dates are like what I mentioned, which is before July 16, then the principle of double jeopardy does not apply.
“That means that if one, several, or all five of those who will be charged tomorrow (Wednesday) were linked to any activities on July 16 that caused her death, the bullying charges will not prevent any other criminal charge linked to Zara’s death that may be brought by the Attorney-General’s Chambers (AGC),” he said in a video published last night.
Double jeopardy is the legal principle that a person shall not be prosecuted twice for the same offence.
Haniff noted that the police have said that Zara has been bullied in the past.
Lawyer Haniff Khatri AbdullaIn addition, he said Zara is reported to have kept a diary, and it would not be surprising if it contained accounts of the bullying that could be corroborated with eyewitness accounts upon further investigation.
On the other hand, if the charges pertain to incidents immediately before Zara was found injured on July 16, Haniff said this would indeed raise questions about double jeopardy, which may arise if an inquest later finds criminal elements in the cause of Zara’s death.
Five to be charged
Zara was found unconscious in a drain near the dormitory of SMKA Tun Datu Mustapha in Papar at 4am on July 16, and was pronounced dead on the following day at the Queen Elizabeth Hospital I in Kota Kinabalu.
Her death has sparked various conspiracies, including a purported cover-up.
On Monday, Attorney-General Dusuki Mokhtar said five teenagers will be charged in the Kota Kinabalu Juvenile Court with allegedly bullying Zara, under Section 507C(1) of the Penal Code, relating to the offence of using or making any threatening, abusive, or insulting words or communication.
The offence is punishable with up to one year’s jail, a fine, or both.
ADSThis is while a coroner’s inquest on her death is slated to start on Sept 3, with proceedings being scheduled up to Sept 30.
Following Dusuki’s announcement, a legal team representing Zara’s family urged Dusuki yesterday to press more serious charges against Zara’s alleged assailants, and to halt the charges if necessary to gather more evidence.
Attorney-General Dusuki MokhtarThey also expressed concern that the suspects could not be charged with a more serious offence later if they pleaded guilty to Section 507C(1).
AGC issues clarification
The AGC has since clarified that the charges to be tabled today only pertain to existing evidence of bullying, while the inquest will find out what caused Zara’s death.
Haniff said the concerns aired by Zara’s family’s lawyers are legitimate, but members of the public should wait until the charges have been read out and reported in the media before passing judgment on the issue and deciding whether the AGC had been overhasty.
“I believe the AGC has capable officers with long and specialised experience in handling criminal cases for decades.
“They, too, know the principle of double jeopardy,” he added. - Mkini

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