KUALA LUMPUR, Feb 19 — The High Court here today allowed an IT officer who was involved in a fatal road incident at the North-South Expressway near Bandar Baru Bangi, Selangor, last year, to begin his legal challenge against his murder charge.
Speaking to reporters after the proceedings, lawyer Wee Choo Keong who acted for Yew Wei Liang, 42, said Judge Datuk Seri Mariana Yahya granted leave for his client to initiate a judicial review on the charge after hearing the arguments by both the applicant and the respondent.
Senior federal counsel Shamsul Bolhassan appeared for the Attorney General (AG) who was named as the respondent in the application.
“At the time my client was charged, there was no chemistry report, no post-mortem report, no forensics report, nothing. He was charged but there was no consent certificate from the AG to prosecute.
“Now, we want to review the procedural impropriety of the AG because this kind of cases is rampant in the Magistrate's Court.
“My client was charged on Aug 22 last year at the Kajang Magistrate’s Court under Section 302 of the Penal Code but the AG had only given the consent to prosecute a day before the case was transferred to the Shah Alam High Court on Dec 9, the same year,” the lawyer said, adding that the court fixed March 4 for case management.
Yew was accused of murdering Syed Muhammad Danial Syed Shakir, 29, near Km293.6 of the North-South Expressway between 1pm and 2pm on Aug 10, 2019.
Yew and Syed Danial were said to be involved in a car chase and a scuffle ensued between them at the Bandar Baru Bangi interchange and Syed Danial died while receiving treatment in a hospital.
In his application, Yew is seeking the AG's consent under Section 177A(1) of the Criminal Procedure Code, which relates to the transmission of a case to be tried at the High Court, as mala fide or done in bad faith and also seeking for an order to strike out the murder charge against him. — Bernama
