KUALA LUMPUR: A 42-year-old man, involved in a fatal road rage incident last year, was allowed by the High Court to begin his legal challenge against his murder charge.
This was after Yew Wei Liang was granted leave to initiate a judicial review application today.
Yew was on Aug 22, last year, charged with the murder of Syed Muhammad Danial Syed Shakir near KM293.6 of the North South Expressway (NSE) between 1pm and 2pm on Aug 10, 2019.
His lawyer Wee Choo Keong who informed the press of the matter said the court fixed March 4 for case management.
“The court has given us leave for judicial review.
"It is a road rage accident case and the applicant (Yew) was charged with murder," he said after the matter was heard in the chambers of Judge Datuk Seri Mariana Yahya.
The judicial review comes on the heels of a consent which was not instituted by the Attorney-General (AG) prior to the prosecution of Yew.
Wee said on Aug 22, last year, his client was charged at the Kajang magistrate’s court under Section 302 of the Penal Code but the AG had only given the consent to charge a day before the case was transferred to the Shah Alam High Court on Dec 9, the same year.
"At the time he was charged, there was no chemist report, no post-mortem report, no forensics report… nothing. He was charged but there was no consent from the AG.
"Now, we are saying that we want to review the procedural impropriety of the AG because these kinds of cases are rampant in the magistrate's court,” he said.
In the application, Yew is seeking for a declaration that the Public Prosecutor’s consent was made in bad faith.
He is also seeking for the remand order against him by the magistrate’s court from Aug 14 to Dec 12, 2019 and the remand order after Dec 12, 2019 was unlawful.
The IT officer is also seeking for an order to strike out his charge and an order to prohibit the AG from prosecuting him under Section 302.
Senior federal counsel Shamsul Bolhassan appeared for the AG who was named as the respondent in the application.