III. Legal provisions whenever deaths in Police custody occur
2.13
Whenever deaths in Police custody occur, the frequently raised issue is lack of
information regarding the death received by the deceased family members or
heirs that often leads to false assumptions and misunderstanding. Additionally,
claims of investigation carried out of not being transparent and unclear, inquest
cases that are only heard by Magistrate, and investigations that take too long
are among issues raised regularly by the family members, heirs as well as the
civil society.
2.14
Hence, on 19 June 2013, YB Puan Hajah Nancy Shukri, Minister of Prime Minister’s
Department announced the Government decision to establish Coroner’s Court in order
to address these problems.55 Under Practice Direction No. 2 2014,56 the Coroner’s
Court was established and came into force on 15 April 2014.
2.15
The Coroner’s Court plays a role in performing all death inquiries, which is not only
restricted on cases of deaths in custody, deaths in prison, deaths in any detention
centres, death of detainees at hospital but also on all death cases which require
investigation as addressed in Section 329 (1) Criminal Procedure Code 1953.
Coroner’s Court is handled by a Section Court Judge.
2.16
The Practice Direction also states that in handling inquiry cases of death in
custody, Coroner’s Court should refer to Practice Direction No. 1 2007 issued
by YAA Tan Sri Dato’ Siti Norma Yaakob, the former Chief Judge of Malaya.
55
http://www.mstar.com.my/berita/berita-semasa/2013/06/19/kabinet-lulus-tubuh-mahkamah- koronerlokap-berpusat/ (Accessed on 24 March 2016).
56
Practice Direction No. 2 2014, Managing Death Inquiry in line with the Establishment of Coroner’s Court. Can
be accessed via following website:
http://www.kehakiman.gov.my/sites/default/files/document3/PEKELILING/arahan%20amalan%20bil%202%20
2014.pdf (Accessed on 24 March 2016)
23