A lawyer proposes a fatal crash involving a suspected intoxicated driver be investigated for culpable homicide, suggesting tougher penalties to prevent future tragedies.
KUALA LUMPUR: A lawyer has proposed that a fatal accident involving a driver believed to be under the influence of alcohol and drugs be investigated for culpable homicide.
Lawyer Partiben Madurai Veeran said the case should be probed under Section 300(d) of the Penal Code, which refers to culpable homicide not amounting to murder.
“Even without a specific intent to kill, the accused can be convicted if he had knowledge that his actions were extremely dangerous and carried a high risk of causing death,” he said in a statement.
He said Section 300(d) is often applied in cases involving reckless acts like dangerous driving that results in loss of life.
The case is currently being investigated under Section 44(1) of the Road Transport Act 1987, which provides for a maximum jail term of 15 years and a fine of up to RM100,000.
Veeran also proposed several improvements to prevent similar incidents, including stiffer penalties and longer licence suspensions.
He suggested the use of more advanced testing technology and the implementation of a stricter demerit system.
Earlier, a man in his 20s, believed to have been driving under the influence, was remanded for four days to assist in the investigation.
The remand order until Thursday was issued by Magistrate Siti Zubaidah Mahat after the suspect was brought before the Magistrate’s Court.
Klang Selatan district police chief ACP Lim Jit Huey said the incident resulted in the death of a motorcyclist in his 30s at the scene.
He said initial investigations found that the Honda City driven by the suspect was travelling at high speed and dangerously.
The car was believed to have overtaken several vehicles before entering the opposite lane, causing the fatal collision.