We can’t rearrest Bersatu member for security guard’s death, police say

Alfian Z.M. Tahir Alfian Z.M. Tahir Updated 2 years ago · Published on 3 Sep 2021 11:18AM · 4 Comments

Noor Azhar Muhammad, a member of Bersatu’s Kota Baru Youth division member, is accused of voluntarily causing grievous hurt when he attacked Thava Sagayam, 64, with a table at a condominium in Ipoh on December 29 last year. – Screenshot, September 3, 2021.

POLICE cannot rearrest a Bersatu youth member who was earlier charged with assault of a security guard but will seek heavier charges when he turns up in court on September 9 for his case mention, Perak police chief Mior Faridalathrash Wahid said.

Under Article 7(2) of the federal constitution, a person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a higher court.

This comes after police reclassified the case of security guard Thava Sagayam, who died on Friday last week at home in Ipoh, Perak, as murder.

Mior told The Malaysian Insight that police are currently waiting for further instructions from the deputy public prosecutor.

“He will be present at court on September 9 for mention but we are also seeking heavier charges against him. The matter is now with the deputy public prosecutor.

“We were told to adjust a few things (in the investigation papers) and we will wait for their reply,” said Mior.

Noor Azhar Muhammad, who is reported to be a member of Bersatu’s Kota Baru Youth division member, was earlier charged under Section 335 of the Penal Code with voluntarily causing grievous hurt when he attacked Thava, 64, with a table at a condominium in Ipoh on December 29.

He is currently out on bail pending his appearance in the magistrates’ court in Ipoh on September 9.

Security guard Thava Sagayam was hospitalised after the attack and underwent eight surgeries on his head. – Pic courtesy of the deceased's family, September 3, 2021.

It was reported that Thava was assaulted after he refused to allow Noor Azhar’s son to use the swimming pool, which was closed.

Thava was hospitalised after the attack and underwent eight surgeries on his head.

A post-mortem showed he died from a lung infection, but his family maintained his health deteriorated over the months as a result of the attack.

Lawyer Asheeq Ali Sethi Alivi, however, said police must rearrest Noor Azhar as the death just occurred.

“For causing hurt, yes it is bailable but for murder charge, there is no bail.

“The man can be detained if the prosecution agrees to increase the charge. However, police can detain and should detain him.

“Even if for investigation purposes (they can arrest him) because the death just occurred. It is a development in the case,” the lawyer said. – September 3, 2021.

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Comments

  • It seems our current law protect a motorcyclist better then it protect a person who is killed or murdered.

    A motorcyclist when met with an accident with other vehicle except with another motorcyclist can file claims against a person who knock him down up to 7 years if the motorcyclist develop injuries cause from the accident.

    Unfortunately when a person dies after been beaten up the kind of law we have now are tight. I sincerely hope for the sake of justice theres no ping pong game between PDRM and DPP office.

    Looking ahead what kind of lesson are we teaching our younger generation in particularly the accused son?

    Posted 2 years ago by Teruna Kelana · Reply

  • Of course.

    Posted 2 years ago by Zarul MA · Reply

  • The police doesnt give any reason when arresting people attending peaceful rally. However, when it comes to arresting criminals like the one who killed the security guard they will give all sorts of nonsensical reasons.

    Posted 2 years ago by Rupert Lum · Reply

  • In 1970s a teacher was handcuffed outside his classroom when the traffic police came to arrest him for a motor accident he was involved in, a few days before. The death was only a few days after the accident. Maybe motor accident laws are different.

    Posted 2 years ago by Citizen Pencen · Reply