The Attorney-General’s Chambers opposes an NGO’s judicial review to halt the inquest into Zara Qairina’s death, citing a lack of legal standing and proper procedure.
KOTA KINABALU: The Attorney-General’s Chambers (AGC) has objected to a non-governmental organisation’s attempt to halt the inquest into the death of Zara Qairina Mahathir.
Senior federal counsel Shamsul Bolhassan raised objections on the grounds that the applicant has no legal standing to challenge the inquest.
He argued the applicant is not a party to the proceedings, which have already heard testimony from 56 witnesses.
The application for a judicial review was filed on Nov 21 by Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia (Pembela) chairman Datuk Seri Mohammad Jeffry Rosman.
It named the Attorney-General and the Coroner’s Session Court as respondents.
The applicant contends the inquest is being conducted under the federal Criminal Procedure Code (CPC).
He argues the CPC does not apply in Sabah, which has its own Inquest Ordinance 1959 to govern such proceedings.
He asserts this failure constitutes a jurisdictional error and procedural impropriety, rendering the inquest proceedings null and void.
The AGC countered that the inquest is being conducted lawfully and in line with Sabah’s procedures.
High Court Judge Datuk Celestina Stuel Galid fixed Jan 7 for an e-Review of the application.
She directed the AGC to file its submissions by Dec 17, with the applicant to file a reply by Dec 31.
At the same hearing, several lawyers notified the court of their intention to apply to be admitted as interested third parties.
They represent one of the teenagers in the related bullying case and the deceased’s mother.
Lawyer Jul Hamri Jumhani, acting for the applicant, informed the court of his client’s absence from the proceedings.
This prompted the judge to admonish him and emphasise the matter must be treated with due seriousness.
