The High Court in Kota Kinabalu has set aside coroner Azreena Aziz’s order permitting counsels representing minors charged in connection with the bullying case of Zara Qairina Mahathir to attend her inquest proceedings, scheduled to commence tomorrow.
Judge Duncan Sikodol delivered the ruling after hearing a revision application filed by the Sabah Law Society (SLS) and the legal team representing the 13-year-old student’s family.
The court ordered that all directions arising from applications in the inquest be set aside. However, the lawyers are at liberty to renew their applications before the new coroner, Sessions Court judge Amir Shah Amir Hassan.
The SLS filed the revision after Azreena admitted counsels for the minors as interested parties in the inquest, but subsequently recused herself from presiding over the proceedings.
The judge held that it was improper for Azreena to determine a substantive issue that ought to have been left to the new coroner, particularly after she had formed the view that she could not proceed with the case.
“To do so would amount to deciding on behalf of the incoming coroner and undermine the principle of impartiality,” he said.
State prosecution director Nahra Dollah appeared at today’s proceedings, alongside deputy public prosecutors Fairuz Johari and Dacia Jane Romanus.
The inquest dates have been fixed for Sept 3 to 4, 8 to 12, 17 to 19, and 22 to 30.
Coroner recuses self from case
On Aug 28, Azreena, who also serves as Sabah state court director, recused herself from the case on the grounds that she resides in Papar, where the religious school Zara had attended is located, although she said she was not familiar with the individuals involved in the case.
Zara was pronounced dead at Queen Elizabeth Hospital on July 17. She had been admitted to the hospital after being found unconscious in a drain near her school dormitory in Papar at 4am on July 16.
On Aug 13, the Attorney-General's Chambers (AGC) announced that an inquest would be conducted into her death after reviewing the investigation report submitted by the police.
On Aug 8, the AGC ordered the exhumation of Zara’s remains to allow for a post-mortem examination. - Mkini
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