A senior criminal lawyer, Salim Bashir, sheds light on the complexities involved when pursuing murder charges for driving offences, emphasising that such charges are rare and require a high standard of proof. As reported by NST, Salim points out that accidents and reckless driving generally fall under Section 41 of the Road Transport Act, which deals with causing death by reckless driving.
To establish a murder case under Section 302 of the Penal Code, the prosecution must demonstrate a clear link between the perpetrator’s intent and the resulting fatal act.
He explains that the prosecution’s burden of proof in road traffic cases is comparatively lesser, but building a murder case involves objectively assessing each incident to determine if it aligns with the criteria for a successful murder conviction.
While motive alone is irrelevant for a murder charge, if the motive involves actions leading to grievous injuries resulting in death, it may be considered sufficient.
The discussion arises in the context of a recent decision by the Attorney-General’s Chambers to charge a senior police officer with murder in connection to a fatal hit-and-run case. Salim highlights the importance of public understanding of the legal framework, considering the public’s attention and the need for motorists to be aware of legal nuances on the road.
He notes that the prosecution would have meticulously examined witness testimonies and corroborated evidence before pursuing a murder conviction.
