Malaysian Bar says denying disclosure of relevant documents and ordering the counsel's removal amount to a miscarriage of justice.
Counsel acting for the family of the late Dr M Shintumathi was reportedly booted from the Shah Alam coroner's court yesterday after repeatedly asking for documents related to the inquest.
PETALING JAYA: The Malaysian Bar has criticised the Shah Alam coroner's court for removing the counsel acting for the family of a deceased doctor during an inquest into her death. Malaysiakini reported that counsel Zaid Malek, acting for the family of the late Dr M Shintumathi, was booted from the courtroom yesterday by coroner Rasyihah Ghazali after repeatedly asking for documents related to the inquest. Co-counsel Mahajoth Singh, P Purshotaman and Reenajit Kaur Golen reportedly walked out with Zaid.
They had submitted formal applications for the documents to the conducting officer in April and May to no avail. In a statement, Bar president Anand Raj said the purpose of a coroner's court is to determine what actually transpired when someone dies suddenly or in suspicious circumstances. In this regard, he said, the family's counsel is crucial to proceedings as they look after the family's interests.
'The counsel was acting in the interests of his clients by making an application permitted and demanded by law in the interest of natural justice, but this was dismissed and he was removed. 'There is a Practice Direction, namely Practice Direction No 2 of 2019 issued by the then chief justice, which gives the family the right to apply for disclosure, and such disclosure should generally be made.
'To deny disclosure and order the removal of counsel is a breach of natural justice and the constitutional right to counsel, which constitutes a miscarriage of justice that calls into question the very validity and integrity of the coroner’s inquiry itself,' he said. Anand added that violating the right to counsel runs afoul of the rule of law, and that a lawyer must be permitted to discharge his duty in his client's interests without fear or favour.
Shintumathi was reportedly found dead in her condominium unit in Petaling Jaya in 2023, with an autopsy stating that she died from asphyxiation 'by compressed gas and plastic bag'. An inquest commenced after 28 police reports were lodged and multiple appeals were submitted to the Attorney-General's Chambers. The inquest started yesterday and ends tomorrow.
Counsel Court Dr M Shintumathi Malaysian Bar Right To Counsel Shah Alam Coroner’S Court Zaid Malek
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