KUALA LUMPUR: Malaysia should have specific legislation on the procedure and power of the coroner in inquest proceedings, said a coroner.
Mohd Faizi Che Abu, who presided over actress K. Sujatha’s death inquest, said currently the duty of the coroner was bound by Section 337 of the Criminal Procedure Code (CPC).
The section stated that a magistrate who sits as a coroner, shall inquire only on when, where, how and the manner in which the deceased had died; and whether anyone is criminally involved in the death.
He added that there were case laws where a coroner was reminded not to make any comments or observations as it is not under the purview of the coroner’s court.
“It is important for me to say that the law is silent on the standard of proof a coroner is to apply when dealing with the evidence presented before him.
“For example, when there are two conflicting statements on oath, who should the coroner believe and what test is to be applied is not discussed in the decided cases,” he said.
Mohd Faizi said in Australia and Britain, a coroner may give his recommendations if he thinks it is necessary to prevent future fatalities.
The 28-year-old Sujatha, who had worked as Datuk Seri S. Samy Vellu’s son, Vell Paari’s personal assistant and head of corporate department, had acted in several Tamil dramas, movies and commercials.
“While I have my reservations as to the practice and procedure of the medical treatment in this case (Sujatha’s), I shall not give my comments as it would run afoul of Section 339 of the CPC (power of Public Prosecutor to require inquiry to be held),” he said.
DPP Geethan Ram Vincent agreed that it was necessary to have specific legislation to guide coroners holding inquests.
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