KOTA KINABALU: A non-governmental organisation (NGO) has asked the High Court to quash the inquest into the death of schoolgirl Zara Qairina Mahathir on the grounds that it was conducted under the wrong law.
Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia (Pembela) leader Datuk Seri Mohammad Jeffry Rosman said Sabah has its own Inquest Ordinance 1959, which it argues should have been used instead of the federal Criminal Procedure Code.
He said the State law is still valid and contains specific safeguards, including provisions for a Coroner to summon a jury with half its members from the same race as the deceased.
Jeffry said these safeguards were not considered during Zara’s inquest, making the proceedings procedurally improper and contrary to Sabah’s legal framework.
He stressed that when a dedicated State law exists, authorities must apply it to protect the rights of the deceased’s family and maintain public confidence.
Jeffry said they are seeking court orders to strike out the entire inquest, declare the 1959 Ordinance as the applicable law, and affirm Sabah’s constitutional rights under the Malaysia Agreement 1963.
He said their intention is not to delay justice but to ensure the inquest is carried out lawfully, transparently and in accordance with Sabah’s legal responsibilities.
.jpg)
