Dec 4 set for evidence notes’ application by family of custodial death victim

The Court of Appeal will on December 4 hear an application by a custodial death victim’s uncle who is challenging a coroner’s decision not to give the family lawyer notes of evidence in an inquest and not allowing the counsel to make submissions.

Lawyer M. Visvanathan, representing Cheah Ewe Yeow, said he was notified by the court registry today of the hearing date.

Cheah, whose nephew Chin Lee died in police custody in Penang two years ago, last week filed the application together with a certificate of urgency.

"Hopefully, the Court of Appeal will deliver a ruling soon as the inquest has been adjourned to January 14," he said.

Human rights lawyers and activists had voiced their disapproval following coroner L. Umma Devi's ruling on September 26 not to give the notes of evidence and court recordings of the inquest, and also not to allow Visvanathan to make submissions.

Describing her decision as shocking, they said it would have wide implications, as it had reversed the tradition of allowing lawyers holding a watching brief on behalf of the deceased's family and to address the court.

Visvanathan said four legal questions have been framed for the appellate court's approval before the appeal could be heard.

He said the Bar Council had agreed to send its representative to hold a watching brief during the proceedings since it was a public interest case.

Umma Dewi, when delivering her decision, said only the Attorney-General's Chambers was entitled to such documents.

Cheah Yeow, the paternal uncle of Chin Lee, then applied to the Penang High Court for a revision of the coroner's decision.

On November 6 judicial commissioner Datuk Nordin Hassan upheld the coroner's decision, and said it was her discretion to provide copies of the proceedings and to allow Visvanathan to make submissions.

Chin Lee, a furniture shop sales assistant, died while in police custody on August 13, 2012.

He was arrested on suspicion of attempting to steal a motorcycle earlier that day. – November 21, 2014

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