Why the lack of due process after case reclassified under Section 302?

A lawyer representing the families of three victims in the Durian Tunggal police shootout has questioned the lack of due process even after the case was reclassified under section 302 of the Penal Code.

Section 302 criminalises the act of murder and carries a discretionary death sentence or imprisonment of 30 and whipping.

“In a standard Section 302 investigation, suspects are detained to facilitate investigation, preserve evidence, and ensure accountability. The absence of these measures in this case is without explanation,” said Rajesh Nagarajan.

“The existence of pending forensic or ballistic reports does not suspend the application of ordinary criminal procedure, nor does it justify differential treatment of suspects.

“The families I represent do not dispute the need for forensic verification. They question why, despite a murder classification, the investigative process has produced no immediate legal consequences for those who discharged their weapons.”

He said this in response to Home Minister Datuk Seri Saifuddin Nasution Ismail who said that the forensic and ballistic reports in this case are pending.

Rajesh further pointed out that application of the law must be consistent to ensure public confidence.

“Public confidence in this investigation depends on the consistent application of the law. A Section 302 investigation that operates without arrests or remand invites serious concern as to its independence and credibility.

“Until the law is applied without distinction between civilian and police suspects, assurances of due process will remain insufficient.”

The victims – Puspanathan Murulitharan, 21; Poonesvaran Tiagarajan, 24; and Logeswaran Georgie, 29, were killed ‘execution style’ on Nov 24.

Previously, Khoo Poay Tiong (PH-Kota Melaka) also raised this case in Dewan Rakyat.

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