A college student has failed to strike out a murder charge linked to the deaths of a married couple in a fatal Jalan Ampang crash
KUALA LUMPUR: A college student today failed in his bid to have a murder charge against him struck out in connection with the deaths of a married couple in a collision on Jalan Ampang, near Great Eastern Mall here, four months ago.
High Court Judge Datuk Aslam Zainuddin made the ruling after allowing the prosecution’s preliminary objection to the application filed by Danish Raman Kamar Kumaresan on Aug 5.
“After examining the submissions of both parties, the court allows the prosecution’s preliminary objection. Accordingly, the accused’s application to strike out the murder charge is dismissed,” said the judge.
Today’s proceedings were attended by deputy public prosecutor Mohamad Fadhly Mohd Zamry and lawyer Donald Selvam, who represented Danish Raman.
The prosecution raised the preliminary objection on the grounds that the applicant’s bid to strike out the charge was irregular and did not comply with the provisions under the Courts of Judicature Act 1964.
Danish Raman, 24, sought to have the charge struck out, arguing that the prosecution’s decision to charge him under Section 302 of the Penal Code for a road accident case was mala fide, that is, in bad faith.
He further contended that the decision was unreasonable and in breach of Articles 5 and 8 of the Federal Constitution.
On May 15, Danish Raman was charged at the Magistrates’ Court here with the murder of senior citizen A. Doraisingam, 61, and his wife A. Menagah, 56, on Jalan Ampang, travelling from the direction of KLCC towards Ampang Point, at 5.30 am on May 2.
The couple died from severe head injuries after the Honda Wave Alpha motorcycle they were riding was struck from behind by a Toyota Vios driven by the man.
He was charged under Section 302 of the Penal Code, which provides for the death penalty or imprisonment of between 30 and 40 years, and a minimum of 12 strokes of the cane, upon conviction.
