What happens in an inquest? Legal process gains public attention in wake of Zara's death

SHAH ALAM - An inquest is a legal proceeding conducted before a Coroner to uncover the truth behind sudden, unnatural, or suspicious deaths.

Its findings can lead to further criminal investigations if necessary.

Zara Qairina was reported to have fallen from the third floor of a religious school dormitory building in Papar on July 16, before being pronounced dead the following day at Queen Elizabeth I Hospital.

In Malaysia, inquests are presided over by a Coroner, typically a Sessions Court Judge, to investigate the cause of death.

Criminal lawyer Alif Tarmizi clarified that an inquest is not a criminal trial to identify suspects, but a process to determine how a death occurred and whether there are possible criminal elements.

“During the proceedings, witnesses will be questioned further by the inquest officer, who is usually a deputy public prosecutor. They can also be cross-examined by lawyers to challenge a witness’s findings or to clarify certain facts.

“The parties involved must present their arguments based on the evidence provided before the Coroner reaches a decision. Not only that, the duration of an inquest varies depending on the court’s availability, witness readiness, the number of witnesses, and the complexity of the case," Alif said.

At the end of the proceedings, the Coroner concludes whether the death was due to homicide, suicide, accident, or other causes.

If there are signs of criminal elements, the deputy public prosecutor may direct the police to conduct further investigations and press charges.

The discussion on inquests gained public attention after lawyer Shahlan Jufri, representing Noraidah Lamat, the mother of the late 13-year-old Zara Qairina Mahathir, said they would apply for an inquest if there were no arrests or charges in her daughter’s case.

“The inquest would aim to determine the actual cause of the student’s death. The step would be discussed with family members after receiving the post-mortem report to decide on the next course of action,” he added.