GEORGE TOWN: The family of Cheah Chin Lee, who died in police custody in August 2012, may sue the government after the court objected to their lawyer’s submissions at the inquest on the death.

Chin Lee’s aunt, Leanne Cheah, said the family did not want to waste time and energy if the inquest was not going to hear their lawyer’s submissions and deny their application to access the court’s records and transcriptions (CRT). Leanne said the family’s situation was like hitting one’s head against a brick wall.

“We are unhappy with the situation. We will review the evidence we have so far and consider if we want to file a civil suit against the government. We will make that decision as soon as possible,” she told reporters in Penang yesterday.

Chin Lee, 31, died in the Tanjung Tokong police station lock-up on Aug 13, 2012, after he was arrested for allegedly stealing a motorcycle.

The family has discharged their lawyer M Visvanathan, who informed the Coroner’s Court earlier yesterday that he would no longer represent the family in the inquest.

Visvanathan, who has represented Chin Lee’s mother Lim Gaik Suan in the inquest since early 2013, said if the family are confident they have a case to file against the government he would act on their behalf if they retain him as their legal counsel.

Asked if they would wait for the Coroner’s Court to come to a conclusion before deciding on a lawsuit, he said the family does not have a lot of time left. The lawsuit must be filed within three years of the incident due to the Limitation Act, he said.

“Aug 12 this year will be the last day to file the suit. Limitation expires on Aug 13,” he said.

Visvanathan also described the inquest, which is still ongoing in a George Town Magistrate’s Court, as “strange”. He said his role as counsel has been limited and narrowed since he was not allowed to present his submissions.

“It is a strange situation in this case, with the court not allowing submissions or access to the CRT. This has not happened before. Even in Teoh Beng Hock’s case, they were allowed.

“In my view, an inquest should be an open and transparent investigation. Only then will the public have confidence in the system.”

Visvanathan said all inquests should be conducted in the same manner in all courts.

“Why did the court depart from the procedure ... in this case? We were told to wait until the inquest was over, and then submit our applications for the court to decide.

“It is as if it is all up to the discretion of the individual coroner ... that is not right. The system should be the same for all inquests.

“What is wrong with counsel making submissions after the witnesses have testified? The court can listen to my submission. It is up to the court whether it accepts my views and arguments or not,” he said.

When his application to make submissions and to have notes of evidence and the CRT of the inquest were not allowed by coroner L Umma Devi last year, Visvanathan appealed to the Penang High Court for a revision. On Nov 6, a High Court ruling by judicial commissioner Datuk Noordin Hassan upheld Umma Devi’s decision.

Visvanathan then took the matter to the Court of Appeal but was told last month that as the inquest is still ongoing, he can only make his applications at the end.

The inquest was scheduled from yesterday until tomorrow. When asked if the family would attend the proceedings now, Leanne said they will go if they are subpoenaed. — The Malaysian Insider

This article first appeared in The Edge Financial Daily, on January 22, 2015.