AMRI CHE MAT
(b) the rules on admissibility of evidence and procedure in an
inquiry of death are not as strict as in a criminal trial. The
magistrate is on a mere fact finding mission and is allowed to
consider even hearsay evidence. In the case of Re Loh Kah
Kheng (deceased) [1990] 2 MLJ 126 it was held that a coroner is
not bound by the normal procedure of courts and rules of
evidence;
(c) where the rules rela�ng to evidence and procedure are lax,
it will be inconsistent to require a magistrate to return a verdict
at the close of an inquiry on a beyond reasonable doubt
standard;
(d) it will be incorrect to require the family of Teoh Beng Hock to
have to prove a case beyond reasonable doubt before the
learned magistrate can return a verdict of homicide as the
means to do so are severely limited. The family of Teoh Beng
Hock, being members of the public, simply do not have the
powers of inves�ga�on as possessed by the police. And where
the threshold for proof in an inquiry of death is lower, it will
not be correct nor necessary to expect members of the public
to produce evidence on a beyond reasonable doubt standard
and yet expect a verdict to be proved beyond reasonable doubt;
(e) a magistrate conduc�ng an inquiry of death is merely to
ascertain whether anyone is criminally concerned in the cause of
death. He has no power to hold or find anyone criminally liable
in the cause of death on a beyond reasonable doubt standard;
(f) in the event a person or persons is/are arrested for being
criminally liable in the cause of death it is then for the
prosecu�on to charge the person/s for an offence of homicide
and where it will be incumbent upon the prosecu�on to prove a
case beyond reasonable doubt before a convic�on can be
secured;
(g) for the police to effect an arrest of a suspect, all that the
police have to show at that stage of inves�ga�ons is that there
is reasonable ground of suspicion to support the arrest. The
police most certainly do not have to have reasonable grounds on
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