KUALA LUMPUR, Aug 20 — The inquest into the death of 13-year-old Zara Qairina Mahathir may be halted if fresh evidence during its proceedings determines the exact cause of death, the Dewan Rakyat heard today.
Home Minister Datuk Seri Saifuddin Nasution Ismail said this could lead to new charges, with heavier penalties against those responsible.
“If the inquest were to uncover affirmative evidence linking to the perpetrator, what would happen?
“I believe the inquest would then be halted, because once the perpetrator is identified, the process changes. Naturally, the charges could also be amended; it is not unusual in law.
“Sometimes an individual is charged under Section 302 of the Penal Code, then later amended to Section 304 for causing death, for example. That is my understanding of the legal process,” he said when winding up the 13th Malaysian Plan (13MP) debate for his ministry.
Saifuddin was responding to a question posed by Alor Setar MP Afnan Hamimi Taib Azamudden on whether the upcoming inquest and the ongoing criminal proceedings against five minors on charges of bullying would conflict.
The minister said the police has recorded 195 witness statements from schoolmates, teachers, wardens, doctors, security guards, family members and members of the public.
He added that the investigation into the case took into account medical findings, the mother’s consent for an expedited burial, and a post-mortem that was later conducted after Zara Qairina’s exhumation at the family’s request.
“The full chain of evidence was then submitted to the Attorney-General (AG), who alone has the discretion whether to prosecute, and under which provision.”
“For now, that is the decision of the AG, but let me make it clear here that the responsibility of the police ends there. I strongly urge that this should not be portrayed as an attempt to cover anything up.”
Saifudin spent nearly 20 minutes explaining the chronology of the case in the Dewan Rakyat, including Zara Qairina’s cause of death: severe brain injuries leading to oxygen deprivation.
He also warned against misinformation spreading on social media, citing past examples of false claims.
Earlier today, five teenage girls were charged at the Children’s Court in Kota Kinabalu with using abusive words against Zara last month.
The charges against the five were read before judge Elsie Primus in closed proceedings.
According to the charge sheet, the five, acting with common intention, allegedly uttered abusive words directed at Zara, which were heard by the victim and could have caused her distress.
The offence was allegedly committed at Block A-3-6 of the Rabiatul Adawiyah Dormitory at SMKA Tun Datu Mustapha Limauan in Papar, Sabah, between 10pm and 11pm on July 15.
On Monday, the Kota Kinabalu Coroner’s Court set September 3 to commence inquest proceedings for Zara. Coroner Azreena Aziz scheduled proceedings to run September 3 and 4, 8 to 12, 17 to 19, and 22 to 30.
