Bid to quash Zara’s inquest objected

 

Kota Kinabalu: The Attorney-General’s Chambers (AGC) had objected to an application by a non-governmental organisation (NGO) in seeking leave for judicial review (JR) to quash the ongoing inquest into the death of Zara Qairina Mahathir.

Senior Federal Counsel (SFC) Shamsul Bolhassan, who appeared for the AGC together with SFC Jesseca Daimis, argued that the applicant has no locus standi to challenge the inquest, as he is not a party to the proceedings and informed the court that they would be filing submissions.

High Court Judge Datuk Celestina Stuel Galid then fixed Jan 7, 2026 for e-review, AGC to file submissions by Dec 17, with the applicant to file a reply by Dec 31. 

During the proceedings, the court advised counsels or any parties involved in the inquest to file their applications if they wished to be included as interested parties in the application.

The court also inquired about the progress of the inquest, to which counsels Shahlan Jufri and Datuk Ram Singh briefed that so far, 56 deponents had been called and some may need to be recalled.

Ram informed the court that they also opposed the application and requested certain cause papers related to the application.

The NGO representative did not appear on Wednesday during the first mention of the application.

Since the applicant did not appear in the first day of the case, the judge then reminded the applicant to be serious on this matter.

Meanwhile, Shahlan told the court that their client’s current instruction was to hold a watching brief in the matter.

Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia (Pembela) leader Datuk Seri Mohammad Jeffry Rosman, who filed the JR application, named the Attorney-General and the Coroner’s Session Court as the first and second respondents, respectively.

Jeffry said Sabah has its own Inquest Ordinance 1959, which he argued should have been applied instead of the federal Criminal Procedure Code.

He said the State law is still valid and contains specific safeguards, including provisions for a Coroner to summon a jury with half its members from the same race as the deceased.

Jeffry said these safeguards were not considered during Zara’s inquest, rendering the proceedings procedurally improper and inconsistent with Sabah’s legal framework.

The NGO is seeking court orders to strike out the entire inquest, declare the 1959 Ordinance as the applicable law, and affirm Sabah’s constitutional rights under the Malaysia Agreement 1963.

He said their intention is not to delay justice but to ensure the inquest is conducted lawfully, transparently, and in accordance with Sabah’s legal obligations.

Meanwhile, before Coroner Amir Shah Amir Hassan continued to hear the testimony from the deponent, he asked about the update the JR application or whether any application to stay the inquest.

Shahlan and counsel Joan Goh had briefed Amir about the matter and Amir then said let the High Court Judge to decide on the application. - dailyexpress