IPOH: A 33-year-old man who assaulted an elderly security guard at a condominium in December last year, was charged with murder after the victim died on Aug 27.
No plea was recorded from Ahmad Noor Azhar Muhammad who was a homestay guest at the condominium, after the charge was read to him before magistrate Noor Azreen Liana Mohd Darus today.
State Deputy Public Prosecutor director Azalina Rashdi requested for discharge not amounting to acquittal (DNAA) for the initial charge under Section 335 of the Penal Code for causing grievous hurt on grave and sudden provocation.
"I am requesting the court to withdraw the earlier charge, and for the accused to be charged under Section 302 of the Penal Code for murder," she said.
According to the charge, Ahmad Noor Azhar was accused of murdering S. Thava Sagayam, 64, on Dec 29 last year, between 8am and 9.30am.
The offence was committed at Level 7 of the Majestic Tower in Jalan CM Yusuff, here.
Ahmad Noor Azhar was charged on Jan 6 this year, under Section 335 of the Penal Code and was scheduled to face the decision today.
The accused who is also a businessman, was represented by lawyer Ariff Azami Hussein.
It was reported that the security guard sustained head injuries during the incident after being assaulted by the guest following an argument.
The video of the incident had since gone viral on social media after the security guard's family was dissatisfied with the post-mortem report and claimed the victim had died from injuries sustained in the assault.
The security guard was found by a worker at the condominium bleeding from his head and was rushed to the Raja Permaisuri Bainun Hospital in a semi-conscious state.
The watching brief lawyer for the guard's wife, M. Kula Segaran said they were satisfied that the accused had been charged with murder.
"Let the due process of the law take place, and we will assist the wife in any way possible. It was an unfortunate death and attracted so much attention in the country.
"An innocent man lost his life for no good reason and justice must be served," he said when met outside the court.
The deceased's wife E. Philomena, 59, refused to speak to the Press and was seen teary eyed.
On Aug 30, Perak police chief Datuk Comm Mior Faridalathrash Wahid said police had suggested a heavier charge under Section 302 against the suspect to the Attorney General's Chambers.
Noor Azreen fixed Oct 18 for mention.