Call to establish Coroner’s Court

The Malaysian Bar wants a Coroner's Court to be set up to investigate deaths in custody.

PETALING JAYA: The Malaysian Bar wants state coroners investigating deaths in custody to be at least a Sessions court judge.

They want the government to introduce a Coroners Act to establish state coroners and a Coroner’s Court to investigate deaths in custody cases and the cause/s of deaths.

“They would be appointed by the Prime Minister on the recommendation of the Chief Justice. The state coroner must be at least be a Sessions Court judge.

“It is a more senior position than that of a magistrate, who currently conducts the inquests,” said Malaysian Bar chief, Lim Chee Wee.

The call for the formation of a Coroners Act and Coroner’s Court came following the death of K Nagarajan, 32 who was found dead on Christmas Eve in Dang Wangi police station lock-up.

The odd job worker was arrested on Dec 21 for alleged drug related offence.

Make findngs public
The police claimed that Nagarajan died due to a fall but his family members disputed the claim after finding a deep gash above the left eye, a coin sized bruise above the right eyebrow and a wound on the right leg.

Lim said the coroner would be tasked with supervising investigations by the police, ensuring that relevant evidence is gathered, preside over death inquiries, and make findings public.

Lim added that forensic pathologists must supervise medical practitioners while conducting post mortems.

The need to investigate deaths in custody stems from the fact that it is among the worse crimes one can imagine in a civilised society under the rule of law.

Lim also stressed that the burden of proving that deaths in custody were not due to foul means lies in the hands of the law enforcement agency.

Home Ministry statistics indicated that 156 people died in police custody since 2000 to February 2011. In 2012, there were six deaths in custody.

The Malaysian Bar is a professional body representing lawyers in Peninsular Malaysia