FRU crash: Nine reckless, dangerous driving charges causing death, align with legal principles
Former Malaysian Bar Council president Salim Bashir said charging the driver with nine counts of reckless or dangerous driving causing death was in accordance with Section 163 of the Criminal Procedure Code.
"This ensures that the accused is not prejudiced by the legal process The law stipulates that every distinct offence must be addressed in a separate charge and tried independently," he said.
"Distinct offences are defined as separate acts committed against different victims, even if they fall under the same legal provision," he said.
Salim, a senior criminal lawyer, added that such charges were a standard practice to ensure accused were adequately informed of the allegations against them.
"The accused must be clearly notified of each alleged offence, with sufficient time to prepare a defence," he said.
"In cases involving multiple fatalities, it is crucial to specify the names of the victims, as well as the dates and times of the alleged offences," he said.
Earlier today, the lorry driver, Rudi Zulkarnian Mat Radi, 45, was charged in the Sessions Court with nine counts of dangerous driving causing death.
He pleaded not guilty to all charges framed under Section 41(1) of the Road Transport Act 1987. The alleged offences stem from the crash at Km15, Jalan Sungai Manik, in Hilir Perak at around 9.05am on May 13.
Criminal lawyer Datuk Geethan Ram Vincent also said the charges aligned with the law and were not unusual.
"The public prosecutor has the discretion to frame the charges as nine separate counts or as a single charge listing all victims," he said.
"While the offences occurred as part of the same incident, the law permits separate charges for each victim to ensure clarity in prosecution," Geethan added.
He said the court would consider the fact that the offences occurred in a single transaction during sentencing.
"If convicted, the court may impose imprisonment sentences to run concurrently, but the fines will be treated as separate," he said.
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