A businessperson has been charged under Section 302 of the Penal Code with the murder of security guard S Thava Sagayam.
According to reports, no plea was recorded from the 33-year-old man, who is a Bersatu Youth member, when the charge was read out to him at the Magistrates’ Court in Ipoh, Perak this morning.
In January, Ahmad Noor Azhar Muhammad was charged under Section 335 of the Penal Code for causing grievous hurt on grave and sudden provocation to the 64-year-old victim, who died last month.
State Deputy Public Prosecutor director Azalina Rashdi requested for a discharge not amounting to an acquittal (DNAA) for the charge under Section 335 to facilitate the new charge.
“I am requesting the court to withdraw the initial charge, and for the accused to be charged under Section 302 of the Penal Code for murder,” she was quoted as saying.
No plea was recorded from Azhar, after the murder charge was read to him before magistrate Noor Azreen Liana Mohd Darus today.
The court later set Oct 18 for re-mention of the case. Murder is a non-bailable offence.
Thava Sagayam was assaulted on Dec 29 last year while on duty at a condominium in Kuala Lumpur.
Widely-shared video clips of the incident showed a man approaching the guard aggressively, raising his hands and pointing fingers before slamming a table on the guard who fell on the floor.
The assaulter is seen pacing around the motionless guard while a young child stands nearby.
The assaulter leaves the scene after lifting the victim’s head and sees something below it.
The guard spent the next eight months fighting for his life before breathing his last on Aug 27.
Azhar was represented by lawyer Ariff Azami Hussein.
In a related development, Ipoh Barat MP M Kulasegaran has been appointed by the deceased’s wife to act as a watching brief.
The DAP lawmaker said others on the team are A Sivanesan, Selvam Nadarajah and Omar Kutty.
“We have asked for the documents pertaining to this case like the charge sheet, medical report etc to be supplied to us under the Criminal Procedure Code in order for us to assist the court in this matter.
“Many Malaysians of all races have contacted us in the last few days to express their disgust and anger for the sudden loss of life of an innocent man.
“We are grateful there is a large pool of concerned people across all races in this country expressing sorrow and sadness over this incident. The watching brief team will do its best to ensure justice is done in this matter,” he added.
Thava’s wife, E Philomena who was also present in court did not speak to the media.
Related reports: Aug 31, Perak police reclassify condo security guard’s death as murder