College student fails to strike out murder charges over crash that killed couple

KUALA LUMPUR - A college student has lost his attempt to dismiss two murder charges stemming from a fatal crash that claimed the lives of a married couple in May. High Court judge Datuk Aslam Zainuddin upheld the prosecution's preliminary objection to Danish Raman Kamar Kumaresan's (24) application, allowing the charges to proceed in the magistrate's court before being transferred to the High Court.

Danish was tried alongside Deputy public prosecutor Mohamad Fadhly Mohd Zamry, while he was represented by Donald Selvam. On May 15, Danish was charged with murdering A. Doraisingam (61) and A. Menagah (56) on May 2 along Jalan Ampang, with Danish driving a Toyota Vios and the couple on a motorcycle. No plea was entered as murder cases are handled by the High Court.

The charges were brought under Section 302 of the Penal Code, which mandates the death penalty or imprisonment between 30 and 40 years, and a minimum of 12 canings upon conviction. The prosecution had previously objected to Danish's application, arguing it was procedurally improper and non-compliant with the Courts of Judicature Act.

Danish claimed the charges were malicious, unreasonable, and unconstitutional, contending that applying Section 302 to a road accident without intent to kill violated basic criminal law principles.