The tragic death of 13-year-old Zara Qairina Mahathir has prompted a Coroner’s Court inquest, a legal proceeding aimed at establishing the cause and circumstances of her passing.
Zara was found unconscious near her school dormitory in Sabah on July 16 and was pronounced dead the following day at Queen Elizabeth Hospital. She is believed to have suffered bullying, neglect, and sexual harassment.
The inquest, involving a total of 70 witnesses, will be presided over by Coroner Amir Shah Amir Hassan.
What is an Inquest?
An inquest is a public inquiry into a death, not a trial. Under Criminal Procedure Code (CPC), its primary purpose is to determine when, where, how, and in what manner a person died, and whether anyone was criminally involved.
Unlike criminal trials, inquests do not involve a jury or assign guilt. Instead, the coroner examines evidence to establish the facts and may make recommendations to prevent similar deaths in the future.
Testimonies can come from police officers, family members, doctors, scientists, expert witnesses, and the public. In some cases, including Zara’s, the proceedings may involve the exhumation of a body.
Who Is Involved?
Interested parties, including family members, government representatives, or those who may have contributed to the death, may be represented by lawyers and have the right to cross-examine witnesses. However, there is no defendant facing charges.
A deputy public prosecutor or inquest officer assists the coroner in presenting evidence and questioning witnesses. Evidence is usually presented through testimony, expert reports such as autopsy findings, and investigation papers.
Why Zara’s Inquest Matters
Although the findings of the Coroner’s Court do not directly result in criminal charges, they provide essential guidance to the Attorney General’s Chambers on whether to pursue prosecution.
For Zara’s family, the inquest offers a transparent and public process to uncover the full facts surrounding her death. Her case has sparked controversy over alleged cover-ups and conspiracy theories, including speculation about the identities of her bullies. The inquest is expected to address these concerns.
When Are Inquests Held?
An inquest is generally required when:
- a person dies in custody,
- death occurs during a police operation, or
- death that raises questions or controversy.
Possible Verdicts
After assessing all the evidence, the coroner delivers a verdict on the cause of death. Possible outcomes include:
- Open verdict – when there is insufficient evidence to determine the cause of death.
- Misadventure – death caused by a deliberate act that unintentionally goes wrong.
- Homicide – death caused by another person, either murder or culpable homicide.
- Natural causes – death resulting from illness or natural processes.
- Suicide – death caused by the deceased’s own actions.
Crucially, there is no conviction or punishment at the end of an inquest, as its role is investigative.
Notable Inquests in Malaysia
Several high-profile cases have involved inquests:
- Muhammad Adib Mohd Kassim (2018): A fireman critically injured during a riot who later died. The coroner ruled his death resulted from “unlawful acts,” a verdict that influenced subsequent police investigations.
- Teoh Beng Hock (2009): A political aide whose death at the MACC building raised national scrutiny. The coroner could not conclusively determine whether it was suicide, accident, or homicide due to insufficient evidence.
- Kugan Ananthan (2009): A custodial death that highlighted detainee rights and investigative procedures. Though no liability was assigned, it spurred further inquiry.
- Nour Rania Asyifaa (2022): A 15-month-old baby who died at a daycare centre. The inquest concluded her death was due to negligence.
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