KOTA KINABALU: A Coroner’s Court decision permitting the lawyers of five teenagers charged with bullying to participate as interested parties in the inquest concerning Zara Qairina Mahathir has been overturned by the High Court.
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 the initial Coroner, Azreena Aziz, recused herself.
Justice Sikodol’s decision yesterday comes after lawyers for Zara Qairina’s mother, Noraidah Lamat, 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 on Azreena’s decision were filed by Zara Qairina’s mother’s legal team as well as the Sabah Law Society (SLS).
One of the teenagers’ lawyers, Datuk Ram Singh, said that they will be making a fresh application to be an interested party in the inquest that is set to begin today under Amir Shah.
He said the legal team for Zara Qairina’s family did not want them as an interested party, as they will be able to question witnesses, including the mother.
In his judgement after hearing the arguments, Justice Sikodol said, “Whatever orders were 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 added that the coroner (Azreena) made an order to allow the legal teams for the teenagers as interested persons and allowed them to participate 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 at the inquest.
