KUALA LUMPUR, Aug 19 – There is no element of “double process” if the prosecution of suspects in the bullying case of Form One student Zara Qairina Mahathir is conducted simultaneously with the inquest proceedings to investigate her death, according to legal experts.
Lawyer Datuk Geethan Ram Vincent explained that charges have already been filed against several suspects in connection with the bullying incident, while the inquest is meant to determine the cause and circumstances of Zara Qairina’s death.
“The Attorney General’s Chambers (AGC) initiates charges based on police investigations. Once sufficient evidence is established, prosecution follows. Even with charges filed, inquest proceedings can continue to determine the existence of other criminal elements or misconduct besides bullying.
“Following the inquest, additional charges could also be brought against other parties if the evidence supports it. The bullying charges will not disrupt or interfere with the inquest,” he told Bernama today.
He said this when asked to comment on the AGC’s statement yesterday that it had decided to charge several suspects believed to be involved in the student’s bullying case.
According to the AGC, the prosecution of the suspects would not affect the investigation being conducted by the police and the inquest proceedings in court
Meanwhile, lawyer Abu Dzar Mohd Annuar said the inquest would not interfere with the prosecution process as both serve different purposes.
“Inquest proceedings are not conducted to establish guilt, but rather to determine the cause and manner of death. Prosecutions, on the other hand, are to determine whether the accused are guilty under the charges brought against them,” he said.
He said that while witness statements from the inquest cannot be used directly as evidence in the prosecution, they may be called to testify in court.
“In my view, there will be no contradiction in facts or outcomes because both are separate processes. The inquest is to determine the cause of death, the prosecution determines guilt.
“In fact, inquest proceedings can help the prosecution or authorities strengthen their case. These two processes together can speed up or provide clearer answers for Zara Qairina’s family about what really happened,” he said.
Yesterday, the Kota Kinabalu Coroner’s Court set Sept 3 for the start of inquest proceedings to investigate the cause of Zara Qairina’s death.
On the same day, Attorney-General Tan Sri Mohd Dusuki Mokhtar confirmed that five minors would be charged at the Kota Kinabalu Children’s Court tomorrow in connection with the bullying case.
Zara Qairina, 13, was found unconscious in a drain near her school dormitory on the morning of July 16 and died a day later at Queen Elizabeth I Hospital, Kota Kinabalu.
