Sabah NGO Pembela has filed to stop the ongoing inquest into Zara Qairina Mahathir’s death, claiming it is being held under the Criminal Procedure Code (CPC) instead of the state’s Inquest Ordinance 1959.
In a statement today, the group’s president, Jeffry Rosman, said that as such, the inquest has violated Sabah’s rights as per the Malaysia Agreement 1963 (MA63).
Following this, it is seeking the High Court’s order to quash the entire inquest proceedings, declare that it must be conducted under the Ordinance, and uphold Sabah’s legal and constitutional rights under MA63.
Jeffry (above, left) said the application was filed to protect the integrity of Sabah’s legal system and to ensure that the inquest is conducted transparently and in accordance with Sabah’s own laws.
“Sabah has its own Ordinance, a valid and enforceable piece of state legislation that specifically governs how inquests must be conducted (in the state).
“Despite this, the authorities conducted the inquest under the CPC, which is a general federal law. This is unlawful, ultra vires, and in excess of jurisdiction.
“The Inquest Ordinance 1959 contains important safeguards, including the requirement that a coroner may summon a jury, with at least half of its members being of the same race as the deceased (which) was never considered, (making) the proceedings procedurally improper.”
He said that when a specific and dedicated state law exists, it must be applied.
Ignoring it is a serious legal error that undermines the rights of the deceased’s family and the public’s expectation of fairness, he added.
Jeffry’s lawyer, Lora Sia, told Malaysiakini when contacted that the originating summons was filed at the Kota Kinabalu High Court today.
Zara was pronounced dead at Queen Elizabeth Hospital I on July 17.
She had been admitted to the hospital after being found unconscious in a drain near the dormitory of SMKA Tun Datu Mustapha in Papar, Sabah, at 4am on July 16.
Police initially classified the case as “sudden death” and skipped a post-mortem after her mother signed a consent letter declining it, which came under scrutiny for breaching police protocol.
In August, the Attorney-General's Chambers announced an inquest into Zara’s death and later, the exhumation of her remains for a post-mortem. The inquest proceedings then began on Sept 3.
On Aug 20, five teenage girls were charged at the Kota Kinabalu Children’s Court in Sabah, under Sections 507C(1) and 34 of the Penal Code, with making threatening, abusive, or insulting words against Zara. - Mkini
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