00:00While Section 44 of the Road Transport Act 1987 is typically used in fatal drink or drug
00:06driving cases, the attorney general is not restricted to a single provision, says a criminal
00:11lawyer.
00:12Commenting on the murder charge against a man involved in a fatal crash in Klang, Kit Sinfung
00:17said such a charge may be rare, but it is not unprecedented.
00:21He said the key issue is not whether another charge might have been more appropriate, but
00:26whether the charge brought can be proven in court.
00:29On April 1, Laboratory Assistant Arsakti Ganapati was charged with murder over the death of
00:35P. Hailing writer Amiral Hafiz Omar at Jalan Raya Bharat, Klang on March 29.
00:41Former Deputy Law Minister Hanibah Maidin described the murder charge as excessive and the charges
00:46under Section 304 or 304A of the Penal Code covering culpable homicide not amounting to
00:53murder and death caused by a rash or negligent act or the Road Transport Act would have
00:58been more appropriate.
01:00Meanwhile, lawyer Nizam Bashir said while Section 44 is the usual charge for DUI-related fatalities,
01:07the attorney general has brought discretion to charge under the Penal Code when circumstances
01:12justify a higher charge.
01:14He said the existence of a specific offence under the Road Transport Act does not prevent prosecution
01:19under the Penal Code where appropriate.
01:22Natasha Bust, FMT.
01:24RFA-Tonished
01:25TAMежду某
01:25- CAC
01:25- TAM
01:25- TAM
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