Suhakam: Inquest can be held if no one has been charged

  • Nation
  • Friday, 28 Dec 2018

PETALING JAYA: An inquest can be held when there is a death or case classified as murder but no one has been charged for the crime, says Suhakam.

“It is for the coroner to find out who caused the death or those responsible.

“The coroner can arrive at a verdict and recommend that so-and-so be charged for the person’s death,” said commissioner Datuk Mah Weng Kwai (pic).

With regards to the death of Muh­ammad Adib Mohd Kassim, Mah said it depended on whether anyone had been arrested as suspects.

The retired Court of Appeals judge said if there were suspects and a case against them, they should be charged without the need for an inquest.

“You don’t have both – somebody charged and an inquest at the same time.

“Since the case has been classified as murder and no one has been charged for his death, the next best thing to do is to hold an inquest,” said Mah.

He said it was the coroner’s job to reach a finding to see if anyone was responsible.

The Malaysian Muslim Lawyers Association (PPMM) said the decision to hold an inquest had raised the perception that the Attorney General was still unclear over the cause of the fireman’s death.

“The cause of Muhammad Adib’s death is clear based on the post-mortem. In fact, the police also opened an investigation paper and classified the case as murder,” said PPMM.

It said an inquest was unnecessary and would delay justice for the fireman’s family.

“We urge the police to expedite investigations and the AG to decide as soon as possible to prosecute. Not all cases investigated under Section 302 of the Penal Code require an inquest,” it said.

PPMM said Muhammad Adib’s family could also seek another form of redress against the concerned parties via tort law in civil court to seek justice.

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