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Thursday, February 4, 2021

Inquest over man who was shot dead by police begins after 9 years

 

An inquest into the shooting of Wan Fadlie Wan Mohamad Fadzil in 2012 will finally begin.

KUALA LUMPUR: It is a case of justice delayed, justice denied for the family of Wan Fadlie Wan Mohamad Fadzil, who was shot dead by police in 2012.

The circumstances under which he was shot are still unclear and his family never had their numerous queries answered.

Lawyer M Visvanathan said a coroner’s court here last October had instructed the police to submit the investigation papers to begin an inquiry.

“But there has been no progress as the papers were not handed over to the coroner to call witnesses to give their evidence,” said Visvanathan, who has been appointed to hold a watching brief over the inquest on behalf of the Bar Council.

Coroner Mahyun Talib is to conduct the inquest.

The lawyer, who is also chairman of rights group Eliminating Deaths and Abuse in Custody Together, said very little is known about the death of Wan Fadlie.

“What we know is that he was shot dead when he was 32 years old in 2012,” he said, adding that more details were expected to be unveiled at the inquest.

Visvanathan said Wan Fadlie’s family members could not hope to obtain damages for negligence even if the inquest verdict was favourable to them.

This is because a Federal Court ruled in December that the Public Authorities Protection Act 1948 made it mandatory for civil action to be filed within 36 months from the date of death.

“In Wan Fadlie’s case, the limitation period has already set in.”

He said this was despite a court practice direction stating that all inquests must be “completed expeditiously”, which includes shootings involving the police.

Visvanathan said the family did not know the circumstance leading to Wan Fadlie’s death until now.

“At this inquest, witnesses may have problems recollecting what transpired because so much time has passed. Some may have even died,” he added. - FMT

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