AGC objecting to submissions at death inquest a bad precedent, says lawyer

The lawyer for the family of Cheah Chin Lee, who died in police custody in August 2012, has expressed concern over an apparent precedent set by the Attorney-General’s Chambers (AGC) in objecting to the family's submissions at the inquest on Cheah’s death.

M.Visvanathan said the AGC's move, through deputy public prosecutor Nur Farhana Hashim, to file a preliminary objection in the Penang High Court on October 31 could lead to a peculiar situation.

"The notice of objection is unprecedented in this country," he said at a press conference today.

"I would say the AGC should be happy that we are helping the court to reach the findings," he said, adding that the administration of justice should be open and transparent.

He said AGC did not respond in the same manner in the previous inquests such as Teoh Beng Hock and R.Gunasegaran who also died while in custody.

Visvanathan also cited the inquest on the death of Lim Chin Aik who was pinned into the ground by falling concrete from the Menara Umno building in June last year, where counsel Gobind Singh Deo who held the watching brief for the family was allowed to make extensive submissions.

"So why this different approach in Chin Lee’s case?" he asked. "All the while can, now suddenly cannot."

Stressing that the objection helps to create “an atmosphere of mistrust”, he said: "The administration of justice must be jealously guarded."

"We are very concerned that this case has created a very peculiar situation, a bad precedent so to speak," he added.

Also present were Chin Lee’s mother Lim Gaik Suan and uncle Cheah Eu Yeow.

On November 6, a High Court ruling by Judicial Commissioner Datuk Noordin Hassan upheld Coroner L. Umma Devi’s refusal to allow Visvanathan to make submissions, and to have notes of evidence and the court recording transcription (CRT) of the inquest.

Several human rights lawyers and activists have called the decision shocking, saying it had reversed the tradition of allowing lawyers, holding watching brief on behalf of the deceased's family members, to address the court.

Chin Lee’s auntie Leanne Cheah said the family is also mindful of the impact the decision would have on other cases.

"There were 19 deaths (in custody) in Penang alone this year and if this (denying access to records) happens now, if they change the ruling now, they can easily change the ruling for all the cases," she said.

Earlier this morning, Visvanathan told the inquest at the Penang court that he has since filed an application with the Court of Appeal (CoA) on November 13 on behalf of the family.

He requested for proceedings to be adjourned until after the CoA’s decision.

Umma Devi moved the proceedings, to be held for three days beginning January 21 next year.

She said she was doing so not because she agreed with Visvanathan’s request but to allow Bar Council representative S.Rethinakumar, who appeared for the first time to hold a watching brief, to get himself updated on the case with the help of necessary documents and audio materials.

"We welcome the good intentions of the Bar Council for this watching brief," she said.

A total of 17 witnesses have thus far been heard and another 15, including a few from the police, are expected to be called.

Chin Lee, 31, died in the Tanjung Tokong police station lockup on August 13, 2012, after he had been arrested for allegedly stealing a motorbike. – November 18, 2014.

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