AGC OBJECTS TO NGO’S BID TO QUASH ZARA QAIRINA INQUEST

KOTA KINABALU, Dec 3 (Bernama) -- The Attorney-General's Chambers (AGC) today objected to a non-governmental organisation’s (NGO) attempt to halt the inquest into the death of Zara Qairina Mahathir.

The NGO had applied for a judicial review, claiming the proceedings were not in accordance with Sabah’s inquest laws.

The AGC argued that the inquest is being conducted lawfully and in line with Sabah's procedures, opposing the NGO's application for a judicial review to have the proceedings quashed.

The application, filed on Nov 21 by Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia (Pembela) chairman Datuk Seri Mohammad Jeffry Rosman, named the Attorney-General and the Coroner’s Session Court as the first and second respondents, respectively.

Senior federal counsel Shamsul Bolhassan raised the objections on the grounds that the applicant has no locus standi to challenge the inquest, as he is not a party to the proceedings, and that the ongoing inquest has already heard testimony from 56 witnesses to date.

“High Court Judge Datuk Celestina Stuel Galid, who then fixed Jan 7 next year for e-Review, also directed the AGC to file its submissions by Dec 17, with the applicant to file a reply by Dec 31,” said Shamsul. 

At the same hearing, lawyer Datuk Ram Singh, counsel Joan Goh, who represents one of the teenagers in the Zara Qairina bullying case, and lawyer Shahlan Jufri, appearing for the deceased's mother, notified the court of their intention to apply to be admitted as interested third parties.

Meanwhile, lawyer Jul Hamri Jumhani, acting for the applicant, informed the court of his client's absence from today's proceedings.

This prompted the judge to admonish him and emphasise that the matter must be treated with due seriousness, as today's session marked the first occasion the case was heard before the judge.

The applicant's central contention is that the inquest has been conducted under the Criminal Procedure Code (CPC). He argues that the CPC does not apply to inquests in Sabah, as the state possesses its own specific legislation, which is the Inquest Ordinance 1959, that governs such proceedings.

He asserts that the failure to apply the Inquest Ordinance 1959 constitutes a jurisdictional error, illegality, and procedural impropriety, thereby rendering the inquest proceedings null, void, and invalid, and liable to be struck out.

-- BERNAMA