Kota Kinabalu: The mother of Zara Qairina Mahathir has been granted leave to participate as an interested party in the judicial review proceedings seeking to quash the inquest into her daughter’s death.
High Court Judge Datuk Celestina Stuel Galid approved the application for Noraidah Lamat to be included in the proceedings, following a request made through her lawyers Shahlan Jufri and Mohd Syahrulnizam Mohd Salleh.
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The judicial review application was filed by Pertubuhan Kebajikan Ekonomi Semangat Bersatu Malaysia (Pembela), naming the Attorney-General and the Coroner’s Sessions Court as the first and second respondents, respectively.
Noraidah had filed her application in January 2026 to be added as an interested party.
During the proceedings on Wednesday, the court heard submissions and oral clarifications from the applicant before granting leave for Noraidah’s participation.
The court also ordered that all relevant documents related to the judicial review proceedings be served to Noraidah by Wednesday or Thursday.
The court set the next date for further directions regarding the judicial review application on March 26.
In the notice of application, it was stated that Noraidah, as the next-of-kin of the deceased Zara, has a direct and substantial interest in the outcome of the inquest.
The application emphasised that Noraidah is a proper person to be heard in the judicial review process, including at the leave stage, as the inquest’s findings directly affect her legal rights.
Noraidah’s involvement was justified on the grounds that Pembela, the applicant, does not have a direct interest in the inquest proceedings and is not adversely affected by them.
It was further stated that the applicant’s request for a judicial review is time-barred, and that the relief sought — striking out or quashing the inquest — would negatively affect Noraidah’s statutory right to a lawful and thorough inquest into Zara’s death.
In an affidavit supporting the application, it was argued that Noraidah, as the deceased’s next-of-kin, has a substantial interest in the conduct, continuation, and outcome of the inquest.
It also stated that it is in the interest of justice and fairness for Noraidah to be heard before any orders are made regarding the inquest.
The affidavit emphasised that under Order 53, rule 8(1), the court has discretion to allow any proper person, whose participation is necessary for justice, to be heard, even if they were not served with the original cause papers.
On November 21, 2025, Pembela Chairman Datuk Seri Mohammad Jeffry Rosman filed the judicial review, naming the Attorney-General and the Coroner’s Court as the first and second respondents.
He argued that the Sabah Inquest Ordinance 1959 should have been applied in Zara’s case instead of the federal Criminal Procedure Code, stating that the state law contains specific safeguards, such as provisions allowing a coroner to summon a jury with half its members from the same race as the deceased.
Jeffry claimed that these safeguards were not considered during Zara’s inquest, making the proceedings procedurally improper and inconsistent with Sabah’s legal framework.
The NGO is seeking court orders to strike out the inquest, affirm the 1959 Ordinance as the applicable law, and recognise Sabah’s constitutional rights under the Malaysia Agreement 1963.
The NGO maintains that their intention is not to delay justice but to ensure that the inquest is conducted in a lawful, transparent manner in accordance with Sabah’s legal obligations.
Pembela was represented by counsel Jul Hamri Jumhani, while Senior Federal Counsel Mohammad Solehheen Mohammad Zaki represented the Attorney-General via Zoom.
