KUALA LUMPUR, Sept 30 — A college student has 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 the Great Eastern Mall, four months ago.
High Court Judge Datuk Aslam Zainuddin made the ruling after allowing the prosecution's preliminary objection to the application Danish Raman Kamar Kumaresan filed on August 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," he said.
Deputy Public Prosecutor Mohamad Fadhly Mohd Zamry and lawyer Donald Selvam attended today's proceedings, representing the accused.
The prosecution raised a preliminary objection, arguing that the applicant's bid to strike out the charge was irregular and did not comply with the provisions of the Courts of Judicature Act 1964.
Danish, 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 breached Articles 5 and 8 of the Federal Constitution.
On May 15, he was charged at the Magistrate's Court with the murder of senior citizen A. Doraisingam, 61, and his wife A. Menagah, 56, along Jalan Ampang, travelling from the direction of KLCC towards Ampang Point, at 5.30am 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 accused.
Danish 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.
