Court quashes misadventure ruling, returns open verdict in Nora Anne’s death

 

The Coroner Court’s ruling of misadventure has been quashed in relation to the death of Irish-French teenager Nora Anne Quoirin two years ago.

The Seremban High Court this afternoon substituted the finding instead with an open verdict behind the teenager’s death in 2019.

Today was fixed for decision in the family’s revision application against the Coroner Court’s finding issued on Jan 4.

On Jan 4, the Seremban Coroner’s Court ruled that her death was due to misadventure and that no third party was involved behind the incident in 2019.

Nora Anne and her family had checked into the resort on Aug 3, 2019. The 15-year-old teenager went missing the next day.

Following a massive search, her body was discovered near a creek in a ravine, located about 2.5km from the resort where she and her family stayed, on Aug 13, 2019.

Under law, a coroner’s court can either make a ruling of open verdict, misadventure, natural death, homicide or suicide, in relation to the cause of death of a person.

Under established jurisprudence, an open verdict means the coroner affirms the occurrence of a suspicious death but not specifying the cause.

In the ruling delivered to parties via zoom proceedings this afternoon, High Court judge Azizul Azmi ruled that the coroner had been in error when arriving at the finding of misadventure.

The judge noted that it is improbable for Nora Anne, who suffered from physical balance and coordination issues, to leave the resort on her own.

He pointed out that it is also improbable for the teenager to not only navigate the challenging terrain from the resort and through the uneven terrain to where her body was ultimately found, but also to evade the vast search party for six days.

The judge said this is supported by uncontested evidence that Nora Anne fell while trying to navigate a trail within the resort on the day that she and her family checked into the resort.

He noted that she was a shy and unadventurous child who stayed close to her family, is withdrawn from strangers, lacked dexterity and tire easily.

“It is not probable for Nora Anne to venture out of the Solar House (where the family stayed at the resort), navigate by herself through challenging terrain to the location where she (her body) was eventually found, but also to evade detection for six days by an expansive search and rescue being carried out.

“If she left Sora House on her own, she would have to clamber over broken fencing within the Dusun Resort or squeeze herself between the gaps at the resort.

“This would not be impossible but improbable for someone with Nora Anne’s condition.

“That would make the track doubly challenging to track on steep hill and way down... (it) would require someone to navigate the steep terrain with no lighting in the compound of the resort.

“Once out of the boundary of the resort, the terrain would increase in difficulty as she had to cross rocky streams and go up and down slopes.

“The terrain is challenging enough to a normal person who came to the place (where the deceased’s body was found). I find it improbable for Nora Anne to navigate barefoot,” Azizul said.

'On the road to healing'

The judge said this is further compounded by the fact that the vast search and rescue party that was searching for her involved multiple government agencies, sniffer dogs and infrared aerial drones.

In quashing the misadventure ruling and substituting it with an open verdict, Azizul ruled that the court still accepts on evidence before it that the possibility of involvement of a third party is lower than the possibility that Nora Anne somehow inadvertently got herself into a situation from which she could extricate herself from.

“Having the material before the court, I find the misadventure ruling ought to be vacated in the interest of justice and return an open verdict,” he said.

“My condolences to the Quoirin family. You came to Malaysia for a vacation but (had) been struck by tragedy the enormity of which we may not begin to comprehend.

“We hope this proceedings will assist you in some way on the road to healing,” Azizul said. - Mkini