LAWYER URGES HOMICIDE PROBE IN FATAL DRINK- AND DRUG-DRIVING CRASH

KUALA LUMPUR, March 30 (Bernama) -- A lawyer has proposed that a fatal accident involving a driver believed to be under the influence of alcohol and drugs at Jalan Raya Barat here yesterday be investigated under Section 300(d) of the Penal Code.

Lawyer Partiben Madurai Veeran said the provision refers to culpable homicide not amounting to murder, where a person commits an act knowing it is highly dangerous and likely to cause death.

“Even without a specific intent to kill, the accused can be convicted if he had knowledge that his actions were extremely dangerous and carried a high risk of causing death,” he said in a statement to Bernama.

He said Section 300(d) is often applied in cases involving reckless acts such as indiscriminate firing or dangerous driving that results in loss of life, and is usually read together with Section 302 of the Penal Code (murder).

According to him, the case, in which video footage of the incident has gone viral on social media, is currently being investigated under Section 44(1) of the Road Transport Act 1987, which provides for a maximum jail term of 15 years and a fine of up to RM100,000.

He said the key elements of Section 300(d) include knowledge that the act is highly dangerous and carries a high risk of causing death, even without specific intent to kill.

In this regard, he also proposed several improvements to prevent similar incidents, including stiffer penalties, longer licence suspensions, the use of more advanced testing technology and the implementation of a stricter demerit system.

Earlier, a man in his 20s, believed to have been driving under the influence of alcohol and drugs, was remanded for four days to assist in the investigation.

The remand order until Thursday was issued by Magistrate Siti Zubaidah Mahat after the suspect was brought before the Magistrate’s Court here today.

Klang Selatan district police chief ACP Lim Jit Huey said the incident, which occurred at about 11.40 am, resulted in the death of a motorcyclist in his 30s at the scene.

He said initial investigations found that the Honda City driven by the suspect was travelling at high speed and dangerously, and was believed to have overtaken several vehicles before entering the opposite lane.

“The collision caused the victim to be flung onto a Perodua Myvi before he was confirmed dead at the scene,” he said.

-- BERNAMA