The Kota Kinabalu High Court has overturned a coroner’s decision allowing lawyers representing five teenagers accused of bullying Zara Qairina Mahathir to be admitted as parties of interest in the inquest into the Form One student’s death.
However, the court ruled that the application could be resubmitted before the new coroner presiding over the case.
Juustice Duncan Sikodol made the decision after hearing submissions from the legal team representing Zara’s family and the Sabah Law Society (SLS).
“Any orders made in relation to applications in this inquest are hereby set aside. The parties are free to reapply before the new coroner,” Sikodol was quoted as saying by Berita Harian.
He explained that the coroner who had previously allowed the lawyers for the five teenagers to participate in the inquest had already recused herself on grounds of a potential conflict of interest.
“It is not appropriate for her to make substantive rulings on matters that should rightfully be decided by her successor. Doing so would amount to deciding on behalf of the new coroner and could undermine the principle of impartiality,” Sikodol said.
He also dismissed the deputy public prosecutor’s preliminary objection against SLS’s involvement in the case.
Sikodol said that SLS, attending as an observer, served to monitor proceedings and assist the court when required.
“Given that this matter concerns public interest, and in view of SLS’s role as guardian of that interest, I am of the opinion that locus standi should not prevent them from raising this issue (on the admission of the teens’ lawyers as parties of interest). Accordingly, I reject the preliminary objection by the prosecution,” he added.
State prosecution director Nahra Dollah had raised a preliminary objection to SLS’s application, saying that the society lacked the legal standing to seek a review of the coroner’s decision to recuse himself and to allow the five teenagers’ lawyers to be admitted as parties of interest.
Nahra contended that SLS’s role as observer was limited to monitoring the proceedings, without the right to make substantive applications.
SLS, however, raised two legal questions – whether the coroner had erred in law by admitting the lawyers for the five teenagers as parties of interest, and whether the coroner’s decision remained valid and binding given his subsequent recusal due to a potential conflict of interest.
Both SLS and Zara’s family’s legal team filed separate review applications under the Criminal Procedure Code.
Last Thursday, Sabah court director Azreena Aziz, acting as coroner, ruled that the inquest would proceed as scheduled under the new coroner, sessions court judge Amir Shah Amir Hassan.
She also allowed the application admitting the lawyers for the five teenagers as parties of interest and granting them access to case documents.
The inquest is set to run on Sept 3, 4, 8 to 12, 17 to 19, and 22 to 30.
The 13-year-old religious school student in Papar was found unconscious on July 16 before passing away the following day at Queen Elizabeth Hospital.
On Aug 20, five teenagers claimed trial to charges of verbally abusing Zara.
