Sabah student’s death over alleged bullying: 5 teenage girls plead not guilty to verbally abusing Zara Qairina

KOTA KINABALU: Five teenage girls were charged on Wednesday (Aug 20) at a court in Sabah with using abusive words against 13-year-old Zara Qairina Mahathir, whose death last month over alleged bullying sparked calls for justice and transparency into the case. 

The minors were accused of having acted with common intention and allegedly uttered abusive words directed at Zara which were purportedly heard by the victim and could have caused her distress, local media New Straits Times reported. 

Appearing before Judge Elsie Primus at the Children’s Court in Kota Kinabalu, the five – who were all earlier reported to be under 18 – pleaded not guilty to one charge under Section 507C(1) of the Penal Code, which relates to the offence of using or making any threatening or abusive language or communication.

If convicted, they may be jailed for up to a year, fined, or both. 

The offence was allegedly committed at one of the dormitory blocks of Sekolah Menengah Kebangsaan Agama Tun Datu Mustapha in Papar, Sabah between 10pm and 11pm on Jul 15.

Zara – who was a Form One student at the school – was found unconscious after allegedly falling from the third floor of her dormitory at about 4am the following day on Jul 16. 

She was then pronounced dead at a local hospital on Jul 17.  

The prosecution on Wednesday has requested for bail to be set at RM5,000 (US$1,200) each, with a RM1,000 deposit and one surety for each of the accused, reported New Straits Times.

Meanwhile, lawyers representing Zara’s family told the media at the conclusion of the closed door proceedings that a gag order has been issued on the case under Section 15 of the Child Act 2001. 

Section 15 of the Child Act 2001 in Malaysia restricts the reporting of child-related legal proceedings, specifically prohibiting the publication of identifying information about children involved in such cases. 

One of the lawyers said that his legal team could not share what happened during the hearing to avoid “contempt of court” and has called for the Attorney General’s Chambers (AGC) to issue a public statement. 

“It is not because of a VIP or because something is being hidden, it is because the law prohibits it so we hope the AGC can provide a statement on this matter,” said Hamid Ismail, one of the lawyers representing Zara’s family, as quoted by Malay Mail. 

The court has fixed Sep 25 for the next mention of the case.