DAP politician, M Kulasegaran, has claimed that the police have wrongly interpreted the law in the assault case of S Thava Sagayam.

The Ipoh Barat Member of Parliament said that the police can have the suspect rearrested since the victim had passed away.

He added that the police chief’s decision to not do as so is wrong in law and amounts to misdirection, citing Article 7(2) of the Federal Constitution.

Perak Police Chief Mior Faridalathrash Wahid had said that they can’t rearrest the suspect because that Article offers protection against retrospective criminal laws and repeated trials.

Mior is waiting for further instructions as the matter is now with the deputy public prosecutor.

Kulasegaran said that this is the best opportunity for the accused to abscond if action is not taken immediately.

He said that the case is reclassified as a murder case and is now not a bailable offence.

“Furthermore, our team of lawyers feel to the contrary that the Perak Police Chief should adhere and apply Section 23(1)(a) of the Criminal Procedure Code which clearly states that any police officer may without a warrant re-arrest the accused in light of the recent development in the untimely death of the late Theva Sagayam,” he said.

Thava was a security guard assaulted by the suspect for not permitting him to use the swimming pool.

In the viral video, dating back to December, the suspect had slammed Thava with a table which resulted in him being bedridden.

It was reported that he died from a lung infection on August 27.

-THE MALAYSIA VOICE