[119] It is not in dispute that in an inquest the evidence
adduced must be credible so as to become the basis for the
coroners finding (see Inquest into the death of Sujatha Krishnan,
deceased [2009] 5 CLJ 783); that the verdict must not be based
on guesswork but on par�culars which have been proved in
evidence (see R v Huntback; exparte Lockley [1944] KB 606, Re
Derek Selby, deceased [1971] 2 MLJ 277); a magistrate who
conducts an inquiry must confine himself to the evidence made
available to him and at the end of the day must decide on that
evidence alone (see Public Prosecutor v Shanmugam & Ors
[2002] 6 MLJ 562); that a magistrate can only make a definite
finding based on proved facts produced and not on mere
conjectures (see Re Rumie Mahlie, deceased [2007] MLJU 280;
[2007] 10 CLJ 69).
[120] In Victoria, Australia in the case of Anderson v Blashki
[1993] VR 89 it was held that the standard of proof to be applied
by the coroner in inves�ga�ng a death is the civil standard of the
balance of probabili�es (see also Briginshaw v Briginshaw (1938)
60 CLR 336). In the infamous case of Inquest into the death of
Azaria Chantel Loren Chamberlain [2012] NTMC 020, it was held
by the High Court of Australia that in the coronial jurisdic�on,
the test applied is a balance of probabili�es test.
103
AMRI CHE MAT
a beyond reasonable doubt standard, before effec�ng the
arrest. Now, if the police can effect an arrest based on
reasonable suspicion (see Shaaban & Ors v Chong Fook Kam &
Anor [1969] 2 MLJ 219) why then should the bar or threshold
be raised in an inquiry of death to a standard beyond
reasonable doubt before the learned magistrate can return a
verdict of homicide? I see no basis for this approach as a�er all,
in fact and in reality, the recording of evidence in an inquiry by
the learned magistrate can be likened to an extension of
inves�ga�ons by the police. In Shaaban’s case it was held that
the police are en�tled to make an arrest if a reasonable
suspicion existed that the suspect was concerned with the
offence. It is unnecessary for the police to show that there was
prima facie proof of such offence before an arrest.