Malaysia

Family in distress as coroner’s court withholds documents in death-in-custody case

Post-mortem on Mohd Fadzrin Zaidi shows he suffered injuries consistent with hanging

Updated 5 years ago · Published on 09 Mar 2021 3:30PM

Family in distress as coroner’s court withholds documents in death-in-custody case
(From left) The parents of Mohd Fadzrin Zaidi, who died in police custody, Mohd Zaidi Mohd Ariff and Fadilah Othman, and lawyer M. Visvanathan speaking at a press conference in Butterworth today. – The Vibes pic, March 9, 2021

by Ian McIntyre

GEORGE TOWN – The parents of Mohd Fadzrin Zaidi, 29, who died in custody at the Kepala Batas district police holding cell, are crying foul after the coroner’s court here denied them access to documents related to the inquest on his death.

“We just want to know what happened to our son,” said Fadzrin’s father, Mohd Zaidi Mohd Ariff, 57, a fisherman, at a press conference today to express dismay at the conduct of the court and police. With him was his wife, Fadilah Othman, 53.

“We were informed that he had committed suicide, with injuries consistent with hanging.

“But we want to verify the documents and proceedings. My son was healthy and did not have any issues.”

“For him to suddenly commit suicide under the watchful eyes of the police in the holding cell is rather odd. Hence, as family members, we see a need for the authorities to clarify matters,” said Zaidi.

Their lawyer, M. Visvanathan, said he will seek an appeal at the high court after the coroner’s court ruled there was no need to submit documents under Section 51 (A) of the Criminal Procedures Code (Act 593).

Visvanathan explained that the clause allows the plaintiff to seek all relevant documents in relation to the cause of the death, including closed-circuit television (CCTV) recordings, investigation papers and post-mortem findings.

Stressing that he has overseen such cases since 2009, he said this, however, is the first time that the coroner has ruled that documents are not deemed compulsory for submission.

Under Section 354 of Act 593, the plaintiff has a right to access the relevant documents in an inquest that are considered necessary in the event of a death in custody.

Fadzrin was arrested by police near his home in Kg Perlis, Butterworth, on suspicion of drug distribution on November 20, 2019.

He was taken away while he out on a date with his fiancée.

The next day, police notified the family that Fadzrin had tested positive for drugs in a urine test and that police would apply for a remand order.

Fadzrin, who worked as a gravedigger, was found dead on November 22 in his cell about 3am, with the post mortem stating he had died of injuries consistent with hanging.

“This is an extraordinary judgment by the court and there is a need for the house of justice to instil confidence in the judiciary,” said Visvanathan. – The Vibes, March 9, 2021

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