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The appeal against the open verdict in the Teoh Beng Hock inquest is scheduled to be heard at the Court of Appeal on Nov 18.
This is the final appeal stage for the family to review the coroner's decision.
The hearing is on although there are no written grounds from the Shah Alam High Court in upholding the open verdict made by the Coroner's Court.
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"I am informed that he has retired. So we will probably proceed without the grounds, based on the notes of proceedings as they stand," he said.
The Court of Appeal had on Feb 2, last year granted permission for the family to hear the appeal for review of the open verdict.
A three member panel led by Sulaiman Daud, unanimously concurred there are certain points of law which needed to be scrutinised.
The appeal will also decide on a proper guide for magistrates acting as coroners in an inquest following conflicting past precedents.
It was reported earlier this year that Malaysians for Beng Hock movement had questioned the delay by the appellate court to hold the review despite permission being granted.
The Coroner's Court had handed down an open verdict in Jan 2011, after the coroner found his death was not as a result of suicide or homicide.
Teoh, 30, was found dead on July 16, 2009 on the fifth floor landing of Plaza Masalam, Shah Alam, after overnight interrogation by the Selangor Malaysian Anti-Corruption Commission (MACC) at its office on the 14th floor of the building.
A Royal Commission of Inquiry however held that Teoh could have been driven to suicide as a result of continuous and aggressive questioning by officials of the MACC.
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