IPOH: The High Court here has set aside the coroner’s open verdict in the death of naval cadet officer J. Soosaimanicckam and revised it to homicide.
Justice Datuk Abdul Wahab Mohamed said on Monday (July 29) he found that the cause of death was pulmonary oedema caused by leptospirosis; and that the untimely death was a direct consequence of the Malaysian Royal Navy (TLDM) officers in charge of cadet training in not allowing the deceased to seek medical treatment.
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"Considering all the evidence before the inquest and the coroner's limited judicial appreciation of (it), this Court sets aside the finding of 'open verdict' of the learned coroner and substitutes it with 'homicide'.
"Pursuant to the Chief Justice's Practice Direction No. 2 and Section 337 of the Criminal Procedure Code (CPC) (an inquiry will be made) to decide who is the person criminally concerned in the cause of death," Justice Wahab said.
On June 23, the Sessions Court, which sat as a Coroner’s Court, returned an open verdict after coroner Ainul Shahrin Mohamad revealed that the cause of Soosaimanicckam’s death on May 19, 2018 was pulmonary oedema.
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Based on reports, Ainul Shahrin said the deceased had passed out, was rushed to the Lumut Armed Forces Hospital, and confirmed to have died.
The Navy announced in a statement on May 20, 2018 that the deceased had complained of chest pains and breathing difficulty in his dormitory after completing his daily physical training at 12.20pm the previous day.
He was then given breathing assistance and further treatment by a doctor, and was confirmed dead at 1.45pm.
Zaid Malek represented Soosaimanicckam’s family, Evangelin Simon Silvaraj appeared for the prosecution, while lawyer Cheang Lek Choy held a watching brief for the Human Rights Commission of Malaysia (Suhakam).
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When met outside court, Zaid said he was grateful for the decision by the High Court after thoroughly examining the process of the incident.
"The decision given by the High Court today is due to the appeals by the deceased's father, who was not satisfied with the coroner's open verdict.
"The High Court agreed with the appeal and changed the verdict to homicide, stating that pulmonary oedema as the cause of death was inadequate as the evidence showed that the deceased was infected while undergoing training at KD Sultan Idris, Lumut.
"The High Court found that the deceased had sought medical aid but was denied by the TLDM officers responsible for supervising the training.
"The family has long sought justice for the deceased," he added.
Soosaimanicckam’s father S. Joseph, 71, and brother Charles Joseph, 38, were in court for the proceedings.
Joseph said he was grateful for the decision.
"We're satisfied and... hope to prove (the matter) at the KL High Court tomorrow (Tuesday, July 30)," he said.
