KUALA LUMPUR: A businessman whose nephew died in police custody in Penang two years ago is challenging a coroner’s decision not to give the family lawyer notes of evidence in the inquest and not allowing him to make submissions.

Cheah Ewe Yeow, who filed the application at the Court of Appeal last Thursday, said he wanted to correct an injustice committed by the coroner.

“We will be seriously prejudiced if the lawyer is disallowed from making submissions before the coroner delivers the verdict. This issue is of public interest as it affects the administration of justice,” Ewe Yeow said in his affidavit.

However, Cheah has to first obtain leave to appeal since the matter comes from a coroner’s court. Lawyer M Visvanathan said four legal questions have been framed for the appellate court’s approval before the appeal could be heard.

In the meantime, he would apply for the inquest proceedings in Penang to be stayed pending the outcome in the Court of Appeal.

Coroner L Umma Devi had fixed the proceedings for two days from tomorrow.

Last week, The Malaysian Insider reported human rights lawyers and activists decrying Umma’s decision which was upheld by the High Court.

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

On Sept 26, Umma refused to give the notes of evidence and court recordings of the inquest, and also did not allow Visvanathan to make submissions.

The coroner said only the Attorney-General’s Chambers was entitled to such documents.

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

On Nov 6 judicial commissioner Datuk Nordin Hassan upheld the coroner’s decision. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on November 18, 2014.