KAJANG – The defence lawyer for Yew Wei Liang who was charged for causing the death of Syed Muhammad Danial Syed Syakir urged the court not to use Section 302 of the Penal Code for the case.
When met at the lobby of the Kajang Courts Complex, Selvam Shanmugam said that the accused should be investigated and charged under Section 41 of the Road Transport Act 1987 for causing death by reckless or dangerous driving.
“He should not be charged under Section 302 of the Penal Code for causing death.
“Furthermore, we received complaints from our client (the accused) that he was abused during detention.
“The accused told us that they (police) forced him to confess under Section 302 and it was not right for him to be investigated under that Section,” he told the media today.
Wei Liang, represented by lawyers Selvam Shanmugam and Varghese Onny was clad in black T-shirt with his hands cuffed when the charges were read to him before Magistrate Nor Afidah Idris.
The accused nodded his head after hearing the charges, however, no plea was recorded.
The court then fixed 27 September for the remention of the case and also to listen to the accused’s complaints on being abused during police detention. Medical reports on the claims will also be submitted under Section 131 of the Penal Code.
Meanwhile, lawyer Sankara N. Nair finds that the Section 41 of the Road Transport Act 1987 propose by the defence team was not accurate.
He said, the 302 Penal Code slapped on the accused was too heavy and he should be charged under Section 304 of the Penal Code instead.
“If we look into every scenario at the location involving the late Syed Muhammad Danial and Wei Liang, he should be charged under Section 304 of the Penal Code for culpable homicide not amounting to murder.
“It is true that the 302 Penal Code is too heavy but the proposed Section 41 of the Road Transport Act by the defence counsel is inappropriate after reviewing the case,” he said when contacted today. -MalaysiaGazette