High Court upholds open verdict in death of Australian woman Anna Jenkins

“In this case, there is not a shred of evidence or finding on how the deceased met her end. The court has no option but to maintain the open verdict”

Updated 1 year ago · Published on 28 Apr 2025 6:40PM

High Court upholds open verdict in death of Australian woman Anna Jenkins
Judge rules that the cause of Anna’s death could not be determined with the highest level of certainty - April 28, 2025

THE High Court has upheld the Coroner’s open verdict in the death of Australian national Annapuranee Jenkins, also known as Anna Jenkins, citing insufficient conclusive evidence to classify her death as a homicide.

Judge Rofiah Mohamad ruled that the cause of Anna’s death could not be determined with the highest level of certainty based on the evidence presented during the inquest.

“There is no denying that homicide is a serious allegation that must be considered by the Coroner. While there may be indications of third-party involvement, it remains speculation,” she said in delivering the High Court's decision to maintain the Coroner’s original ruling.

She added, “The condition of the bones found does reasonably infer the possible involvement of another party, but this remains speculative.”

The judge noted that under the Criminal Procedure Code, the Deputy Public Prosecutor retains the discretion to direct further investigations, particularly at the site where Anna's remains were discovered.

Anna’s son, Gregory Steven Jenkins, had filed the review application seeking a definitive ruling that his mother died due to injuries on the left side of her body, as concluded by Australian authorities following forensic tests on bone fragments prior to her burial.

Also present during the proceedings were Deputy Public Prosecutor Lee Jun Keong, Gregory’s lawyer David Dev Peter, and Australian High Commissioner to Malaysia, Danielle Heinecke.

Rofiah added the court had considered the fact that initial investigations were conducted within the framework of a missing person case, rather than a criminal investigation involving potential abduction or murder—circumstances she described as “most unfortunate.”

“Facts related to a murder case can only be discovered through a serious and thorough investigation. It is most unfortunate that the case was only approached as a missing person inquiry and never pursued under frameworks for abduction or other criminal elements.

“When bones are found in a remote and unexpected location, that should have reasonably served as a new indicator of possible foul play—that the victim did not simply go missing, but died in a very unusual location,” she said.

Rofiah also distinguished this case from other high-profile deaths such as those of Teoh Beng Hock and Muhammad Adib Mohd Kassim.

“In this case, there is not a shred of evidence or finding on how the deceased met her end. The court has no option but to maintain the open verdict,” she said.

Outside the courtroom, Gregory thanked the judge for considering all the evidence and his legal team’s submissions. He expressed hope that the Deputy Public Prosecutor, after discussions with his lawyer, would agree to reopen the investigation.

On May 12, 2023, Coroner Norsalha Hamzah had ruled that the evidence presented was insufficient to support any other conclusion, stating that the Coroner’s Court could not determine the cause or nature of Anna’s death, nor identify any criminal elements associated with it.

Anna Jenkins’ remains were discovered on June 24, 2020—nearly three years after she mysteriously disappeared in 2017 while on holiday in Penang. - April 28, 2025

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