IPOH: A coroner’s court here delivered an open verdict at the inquest of P. Kathir Oli, twelve years after a policeman allegedly shot dead the deceased, who was believed to be involved in a robbery at a pub.
Sessions Court Judge Ainul Shahrin Mohamad said the cause of death could not be ascertained.
In her judgment, she said there was a criminal act in progress at the time, but there was insufficient evidence to prove whether it was indeed a robbery.
"There was evidence, as well as eyewitnesses to prove the presence of Indian men, but not positive identification as to who the men were, and who assaulted the owner of the pub.
"There is also evidence that the deceased, and four others were at the scene, and that they were denied entry into the pub," she said when delivering the decision on Tuesday (Jan 10).
It was reported on Sept 16, 2011, that a policeman shot dead a man believed to be Kathir who was in the midst of robbing the pub.
Kathir, 31, from Panorama Lapangan Perdana, was shot during a scuffle with the detective in the 12.10am incident.
The police had said at that time that the detective was walking by the pub when he heard the pub owner screaming for help.
It was reported at that time that the detective rushed inside and identified himself before he was attacked by the deceased and three accomplices with parang and spanners.
Ainul Shahrin said there was evidence that the detective was assaulted by the deceased and two others.
"There was no evidence of gunshot residue," she added.
On whether there was any person involved in the deceased’s death, the court ruled in the positive.
"The detective in the performance of his duties as a police officer had attempted to stop a criminal act.
"Therefore the verdict in this inquest is open," she added.
Evangelin Simon Silvaraj acted as the inquest officer, while the family was represented by lawyers M. Puravalen, Wong Hong Yi and Maisarah Mad Diah.