The use of Section 302 of the Penal Code for fatal drink-driving cases is appropriate although it requires a higher level of evidence, said a law expert.

Associate Prof Dr Shamrahayu Abd Aziz of the International Islamic University Malaysia (UIAM) said, the Penal Code could be used for all types of deaths, including cases caused by drunk drivers.

“Section 300 of the Penal Code read together with Section 302 of the same code, among others, requires the intention to cause death, or the person committing the act knows that the act would cause death. As such, the burden of proof is heavy and difficult (on the part of the prosecution),” she told Bernama.

On Monday, a fish wholesaler was charged with murder under Section 302 at the Kuantan Magistrate’s Court for killing Alam Flora Sdn Bhd supervisor Irwan Herman, 41, in a road crash.

Teoh Kian Peng, believed to be driving under the influence, is alleged to have rammed his four-wheel-drive into Irwan near a Petronas petrol station in Jalan Pintasan Kuantan at 9.20 pm on May 25.

Shamrahayu said, Section 302 could be applied if the vehicle involved was considered to be the tool for murder although it required a higher level of evidence.

Therefore, there should be a specific provision under the Road Transport Act to ease the burden of proof required in fatal cases, she added.

As such, the government’s move to amend Section 44 of Act 333 under the Road Transport Act 1987 is seen as the right move to make the punishment fair and appropriate with the offence or death that happened due to driving while intoxicated, said Shamrahayu.

She also said, the government should look into the issue of alcohol in a comprehensive manner so that justice could be done for the innocent parties in drink-driving cases.

“The government can designate alcohol-use prohibition areas as practised by several other countries, which has been found to be effective especially in restricting alcohol sale and use,” she added. - BERNAMA