KOTA KINABALU: The High Court here has set aside a Coroner's court decision to permit the lawyers of the five teenagers charged with bullying to be interested parties in the Zara Qairina Mahathir inquest.
However, High Court Justice Datuk Duncan Sikodol said the lawyers for the teenagers could make a fresh application with Coroner Amir Shah Amir Hassa after initial Coroner Azreena Aziz recused herself.
Justice Sikodol's decision on Tuesday (Sept 2) comes after lawyers for Zara's mother, Noraidah Lama,t applied to set aside the Coroner's decision on Aug 28 to allow the legal team to be parties of interest in the Inquest.
The revisions to Coroner Azreena's decision were filed by Zara's mother's legal team as well as the Sabah Law Society (SLS).
One of the teenagers' legal team lawyers, Datuk Ram Singh, said that they would be making a fresh application to be an interested party in the inquest that was set to begin on Wednesday (Sept 3) under Amir Shah.
He said the legal team for Zara's family did want them as an interested party, as they would be able to question witnesses, including the mother.
In his judgement after hearing the arguments, Justice Sikodol said," whatever orders made in connection with any applications in the said inquest are set aside. The parties are at liberty to renew their applications before the new coroner.”
Justice Sikodol stated that the Coroner (Azreena) issued an order allowing the legal teams of the teenagers to participate as interested persons in the inquest proceedings shortly after recusing herself on the grounds of personal interest in the matter.
In his ruling, he said such decisions involving substantive issues should have been left to the new Coroner, as it would amount to deciding on behalf of the incoming coroner and undermine the principle of impartiality.
Justice Sikodol also rejected objections raised by the deputy public prosecutor over the presence of the Sabah Law Society (SLS) at the inquest.
