AMRI CHE MAT
(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 magistrate holds an inquiry by examining witnesses on oath
and while usually following the ordinary rules of evidence, he
may admit any evidence which he thinks fit, especially hearsay
evidence;
(g) the verdict of the magistrate is only an expression of a nonbinding opinion of a proceeding where there is no accusa�on
against any party;
(h) it follows that a coroners inquest is merely a court of law,
not a court of jus�ce. Its verdict does not amount to any
convic�on.
(i) many of these principles are outlined in our Prac�ce Direc�ons
No 1 of 2007: Guidelines on Inquest (as restated in Prac�ce
Direc�on No 2 of 2014 Arahan Amalan Bil 2 Tahun 2014:
Pengendalian Siasatan Kematian (Death Inquiry) Selaras Dengan
Penubuhan Mahkamah Khas Koroner) To quote some of the parts
immediately relevant to this appeal:
1. What is an Inquest?
(a) It is not a trial.
(b) There are no par�es to prosecute and to defend.
(c) It is only an inquiry by a magistrate as to the cause of death
and the Prosecu�ng Officer is there not to prosecute anyone but
only to assist the court with the examina�on of witnesses for
the purpose of giving evidence...
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