Kota Kinabalu: The mother of 13-year-old Zara Qairina Mahathir, who died after an apparent fall from the third floor of her religious school hostel in Papar three weeks ago, has called for a formal inquest into her death, citing serious flaws in the police investigation.
Through her legal team, Noraidah Lamat urged the Attorney General to invoke Section 339(1) of the Criminal Procedure Code to direct a magistrate to conduct an inquest to determine the actual cause of death and whether any criminal elements were involved.
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Her lawyers — Hamid Ismail and Shahlan Jufri — said a full and transparent investigation is urgently needed, as current findings appear inadequate and may have overlooked key forensic procedures.
“The investigation should be conducted by experienced officers from Bukit Aman,” they said in a statement, pointing to several lapses in the initial probe which was recently submitted to the Attorney General’s Chambers.
Among the issues raised was the absence of any autopsy before Zara’s burial and her clothing having only been collected by police for forensic analysis on Tuesday (Aug 5).
“Only yesterday did the police contact us to retrieve Zara’s clothing,” the lawyers said, adding that the delay raises questions about the thoroughness of the initial investigation.
They also said the statement from Zara’s mother regarding bruises on the back of the teen’s body was only recorded by police between Aug. 3 and Aug. 4 at the Sipitang police station — weeks after the tragedy.
“This suggests the authorities may not have sufficient material to effectively investigate the circumstances surrounding Zara’s death,” they said.
Noraidah is also requesting the exhumation of Zara’s remains to allow for a post-mortem to be conducted to determine the actual cause of death — a move her lawyers say is essential if justice is to be served.
The lawyers are also concerned over social media posts suggesting that Zara’s death was the result of emotional stress caused by her mother.
They claimed this appears to be based on a note allegedly taken from Zara’s personal diary — raising concerns about potential leak of confidential materials from the investigation file.
“If this note was part of her belongings collected by police from her dorm locker, then its presence online suggests that elements of the case file have been leaked, damaging the investigation’s integrity and smearing both the deceased and her mother,” they said.
They warned that such speculation is not only harmful but may also amount to defamation.
“Noraidah only seeks justice for her daughter. She is committed to cooperating fully with the authorities,” the statement read.
The legal team stressed the importance of maintaining the credibility of the investigation process and called on all parties to refrain from speculating or drawing premature conclusions based on incomplete or leaked information.
They said the Attorney General’s Chambers must ensure that investigations are revisited, particularly in light of these alleged shortcomings, and that a proper inquest is necessary to provide closure to the grieving family and the public.
Zara’s death has drawn public attention, with many calling for transparency and accountability from the authorities in handling the case.
She was found unconscious near a drain below her third-floor hostel block at 3am on July 16 and was rushed to Queen Elizabeth Hospital in Kota Kinabalu but succumbed to her injuries the following day.
While the initial assumption was that she fell, her mother believes there are grounds to suspect foul play.
