AUGUST 9 — According to LSD, exhumation is the act of removing something that has been buried in the ground, especially a human body. It is also known as disinterment.
Examples:
- The exhumation of the famous author's remains was ordered by his family to confirm the cause of death.
- The exhumation of the ancient tomb revealed valuable artifacts that were previously unknown.
The above illustrates how exhumation is the process of digging up something that has been buried.
In the first example, the family wanted to investigate the cause of death, so they had the author's body exhumed.
In the second example, the tomb was exhumed to uncover valuable artifacts that were hidden underground.
In the much-publicized case of Zara Qairina Mahathir, the Attorney-General’s Chambers (AGC) has directed the Royal Malaysia Police (PDRM) to exhume the body or remains of the Form One student to allow a post-mortem procedure to be carried out.
Zara Qairina, 13, died at Queen Elizabeth I Hospital in Kota Kinabalu, Sabah, on July 17.
She was rushed to the hospital after being found unconscious and critically injured in a drain near her school dormitory in Papar at 4 am the previous day.
In a statement on Friday (Aug 8), the AGC said it had reviewed the full preliminary investigation report submitted by the police regarding Zara Qairina’s death.
“The Chambers is of the view that there is a need for further investigation to be carried out by PDRM to ensure that all aspects of the case can be thoroughly examined.” https://
The statement further said that the move is intended to ensure that the police obtain additional information and evidence needed to complete the investigation into Zara Qairina’s death.
It looks like the AGC’s order is an order to further investigate, which requires the PDRM to obtain an order of the court to exhume the remains of Zara Qairina.
This explains the reported media statement of her family’s lawyers, Hamid Ismail and Shahlan Jufri, that an application for an exhumation order for Zara Qairina Mahathir would be heard at 1pm on Saturday (Aug 9).
The statement added that the exhumation was expected to take place on Saturday afternoon once the court granted the order.
The AGC’s order does not look like an order or direction under section 399 of the Criminal Procedure Code (CPC) (Power of Public Prosecutor to require inquiry to be held).
Section 339(1) CPC empowers the Public Prosecutor (PP) to direct, at any time, a Magistrate to hold an inquiry under Chapter XXXII (Inquiries of Deaths) into the cause of, and the circumstances connected with, Zara Qairina’s death and the Magistrate to whom such direction is given shall then proceed to hold an inquiry and shall record his finding as to the cause of death and also as to any of the circumstances connected with it with regard to which the Public Prosecutor may have directed him to make inquiry.
Section 339(3) CPC allows the PP, when giving any direction under Section 339(1), to direct the remains to be exhumed.
The above underscores the need for a Coroners Act, which has been called for by the Malaysian Bar, among others.
Such an Act would serve the very purpose of a death inquiry, which is to investigate and determine the cause of death of those who have died under unexplained circumstances.
In Singapore, the Coroners Act (Chapter 63A) consolidates the law on inquiry of deaths. The Act, among others, obligates any person who becomes aware of a death which is, or appears to be, a reportable death, to make a report of the death, as soon as reasonably practicable, to a police officer.
A police officer who comes across or receives any information about any death which is, or appears to be, a reportable death must – (a) if the body is in Singapore, proceed immediately to the spot where the body is lying or the death is believed to have occurred; and (b) use his best endeavours to investigate the cause of and circumstances connected with the death of the deceased.
A reportable death includes any death the manner or cause of which is unknown.
The death of Zara Qairina looks like one – but I stand corrected.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
