The Attorney-General’s Chambers (AGC) has confirmed it will proceed with charging five minors in connection with the bullying of the late Form 1 student, Zara Qairina Mahathir. Attorney-General Dusuki Mokhtar stated that the prosecution will continue under Section 506C(1) of the Penal Code, which addresses causing harassment to a person likely to feel harassed, distressed, fearful, or alarmed.
Lawyers representing Zara’s family had urged the AGC to postpone the charges, arguing that the minors should face charges under Section 507D(2) of the Penal Code, which covers causing a person to believe that harm will be inflicted. Conviction under Section 507D(2) carries a maximum of 10 years in prison, a fine, or both, whereas Section 506C(1) carries a maximum of one year, a fine, or both.
The family’s lawyers also raised concerns that further evidence might emerge during the inquest into Zara’s death after the teens are charged, potentially preventing them from facing heavier charges for the same offense.
Zara was found unconscious at 4am on July 16 after allegedly falling from the third floor of her school hostel in Papar, Sabah. She passed away the next day at Queen Elizabeth I Hospital in Kota Kinabalu. Her body was exhumed on August 9 for a post-mortem amid allegations of bullying.
