SEREMBAN: A magistrate’s court here has asked the father of a Form Six student shot dead by police to re-file his application for an inquest.
Magistrate Diana Md Razali said G. Vesvanathan should file another application complete with an affidavit to enable the prosecution to put forward their arguments before the court could come to a decision.
“The court will allow the applicant an open day to re-file his application,” she said before dismissing Vesvanathan’s application to hold an inquest into his son’s death.
V. Vikines, 19, and two others were killed by police in a shootout in Nilai on Oct 11.
Vesvanathan, 47, lodged two police reports alleging foul play by the police in the shootings and requested through his lawyers to hold an inquest into the deaths.
Counsel P. Uthayakumar told reporters that he would file an appeal at the Seremban High Court against the magistrate’s dismissal within 10 days.
He said his client instructed him to do so as the matter was of public interest and he wanted to seek justice for his son and the others who were shot dead by the police.
Earlier during the proceedings, the atmosphere in the courtroom was tense as both the counsel and Deputy Public Prosecutor Suhaimi Ibrahim were involved in a heated exchange.
Uthayakumar and co-counsel N. Surendran, while submitting their arguments, refused to give way to DPP Suhaimi, forcing the magistrate to step in and stand down the hearing.
DPP Suhaimi was later seen making a telephone call and minutes later Public Prosecutor Roslan Abu Bakar appeared in court.
When proceedings resumed, Surendran said under Section 333 of the Criminal Procedure Code, there was no requirement for them to submit an affidavit as information from the post-mortem and police reports were sufficient.
He said it was “totally wrong in law and procedures” and the request by DPP Suhaimi for an affidavit to be appended with the application had never been done before.
Uthayakumar added that it had been 17 days since the shootout but the court had yet to receive any report from the police and the status of the investigations was still unknown.
“In the interests of accountability and to preserve the integrity of the police force and judicial system, we ask the court to grant my client’s application for an inquest,” he said.
PP Roslan said they were not against holding an inquest but it must be made according to proper procedures.
“We are sympathetic with the plight of the applicant and we too want justice in such cases,” he said.
Lawyer Rajindar Singh held a watching brief for the Bar Council.
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