PETALING JAYA, Oct 22 — A 14-year-old boy was charged in the Magistrates’ Court here today with the murder of his senior schoolmate in Bandar Utama last week.
According to the charge, the teenager was accused of causing the death of a 16-year-old student at a secondary school girls’ washroom between 9.20am and 9.35am on October 14.
No plea was recorded from the accused as the murder charge falls under the jurisdiction of the High Court. The charge was read out by the court interpreter in Mandarin.
He was charged under Section 302 of the Penal Code, which carries the death sentence or imprisonment of between 30 and 40 years, along with whipping.
However, under Section 97(1) of the Child Act 2001, those under the age of 18 cannot be sentenced to death.
Upon conviction, the sentence may be replaced with imprisonment at the pleasure of the Yang di-Pertuan Agong if the offence was committed in the federal territories, or of the Sultan or Yang di-Pertua Negeri if it was committed in any other state.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin appeared for the prosecution, while lawyer Anwar Ezzad Zainal represented the accused.
Lawyer Kitson Foong, appearing as amicus curiae (friend of the court), said an application under Section 342 of the Criminal Procedure Code (CPC) was later made by counsel after the charge was read.
Section 342 of the CPC stipulates that an accused person suspected of being of unsound mind may be sent for mental evaluation at a gazetted government hospital to determine his or her fitness to stand trial.
Foong said the application was made in the boy’s best interests to ensure he received appropriate arrangements for his protection against self-harm and to ascertain his state of mind at the time of the alleged offence.
The court later allowed the application.
Earlier, proceedings were held behind closed doors as the case involved a minor.
The accused’s parents were also present in court but declined to speak to the media.
The court fixed November 21 for mention.
