THE Ipoh High Court today overturned the open verdict by the coroner’s court over the death of Royal Malaysian Navy cadet officer J. Soosaimanicckam, reclassifying it as homicide.
Justice Abdul Wahab Mohamed said the coroner’s verdict displayed a limited appreciation of the evidence adduced during the inquest.
“The cause of death was pulmonary oedema caused by leptospirosis and the untimely death was a direct consequence of the Malaysian Royal Navy officers in charge of cadet training not allowing the deceased to seek medical treatment.
“Considering all the evidence from the inquest into the cause of death, the High Court has overturned the coroner’s open verdict and changed it to homicide," he said.
He said the coroner had erred in the earlier open verdict on the cause of Soosaimanicckam’s death by not considering the available evidence.
The open verdict was delivered by the Ipoh coroner’s court last year following the inquest into Soosaimanicckam’s death.
Coroner Ainul Shahrin Mohamad determined the cause of death to be pulmonary oedema but said she could not attribute the death to anyone in particular.
The Navy announced in a statement on May 20, 2018 that the deceased had complained of chest pains and breathing difficulty in his dormitory after completing his daily physical training at 12.20pm the previous day.
He was then given breathing assistance and further treatment by a doctor and was confirmed dead at 1.45pm.
Lawyer Zaid Malek, who represented Soosaimanicckam’s family, said the family was grateful for the decision as they had been fighting for justice for the past six years.
Also present at the proceedings were the victim’s father, S. Joseph, 71, and brother, Charles Joseph, 38.
Evangelin Simon Silvaraj appeared for the prosecution, while lawyer Cheang Lek Choy held a watching brief for the Human Rights Commission of Malaysia. – July 29, 2024.
