While an inquest is for the purposes of determining whether any person may be
criminally concerned in the cause of death and to arrive at a verdict, a public
inquiry into the enforced disappearance of a person is for the purpose of
determining whether the State is in any way concerned in the involuntary
disappearance of that person.
68.
The relevant principles on the standard of proof in an inquest were discussed in
detail by the Court of Appeal in the case of Teoh Meng Kee v Public Prosecutor
[2014] 5 MLJ 741 where Mohammad Ariff JCA held as follows:
“[48] The learned magistrate, and to a lesser extent, the High Court judge,
cited and repeated the basic principles and rules on coronial
jurisdic�on…. The commonly accepted principles are as follows:
(a) an inquest is a fact-finding exercise and not a method of
appor�oning guilt;
(b) in an inquest, there is no indictment, no prosecu�on, no
defence and no trial. It is simply an a�empt to establish facts;
(c) it is an inquisitorial and an inves�ga�on process, unlike a trial;
(d) a coroners verdict is not determined by probabili�es but by
established facts. A coroner is bound by evidence and can only find
facts proved by evidence, not guesswork;
(e) if the evidence is insufficient to come to a definite finding, the
coroner should record an open verdict;
(f) the func�on of a magistrate holding an inquiry under Chapter
XXXII of the CPC is to inquire, when, where, how and a�er what
manner the deceased came by his death and also whether any
person is criminally concerned in the cause of death (s 337). The
cause of death is defined under s 328 to include not only the
apparent cause of death as ascertainable by inspec�on or postmortem examina�on of the body of the deceased but also all
ma�ers necessary to enable an opinion to be formed as to the
manner in which the deceased came by his death and as to whether
his death resulted in any way from, or was accelerated by any
unlawful act or omission on the part of any person. Hence, the
21
PASTOR RAYMOND KOH
67.