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AGC objects to bid for first post-mortem report in UTM cadet’s death
5 hours ago
Faisal Asyraf
The family's lawyer expresses shock, saying the law is clear that the report is a public document
Syamsul Haris Shamsudin died on July 28 under unclear circumstances while undergoing Reserve Officer Training Unit training at the Army Combat Training Centre in Ulu Tiram, Johor. (Facebook pic)
SHAH ALAM: The Attorney-General’s Chambers (AGC) has formally opposed an application by the family of the late Universiti Teknologi Malaysia cadet, Syamsul Haris Shamsudin, for access to the first post-mortem report prepared following his death earlier this year.
The family’s lawyer, Naran Singh, raised the matter during proceedings in the High Court before Justice Bhupindar Singh today, saying he was dumbfounded by the refusal.
He told the court that the investigating officer had no objection to supplying the report but instructed him to obtain authorisation from the attorney-general.
“I really don’t understand why the attorney-general would refuse to give the report. The provision of law is very clear that it is a public document as per Section 74 of the Evidence Act.
“It is so easy to just supply the report,” he said.
Naran also informed the court that the second post-mortem report was ready, and that he would collect it from the forensic department of Kuala Lumpur Hospital tomorrow.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin said she had not received any instructions to provide the first report as the death was still under investigation.
She said the AGC was awaiting the findings of the second post-mortem.
“Once we get the investigation papers, as well as the first and second post-mortem reports, we will decide (on the family’s request),” she told the court.
Bhupindar fixed Dec 5 for the prosecution to update the court and to decide whether to compel the AGC to supply the first post-mortem report.
On Aug 26, the High Court ordered the exhumation of Syamsul’s remains for a second post-mortem following a motion filed by his mother Ummu Haiman Bee Daulatgun, 45.
The court directed that the post-mortem report be produced within a reasonable period and that a copy be furnished to the family’s lawyer.
Ummu filed the motion on Aug 14, naming Inspector-General of Police Khalid Ismail and Attorney-General Dusuki Mokhtar as respondents.
Syamsul, 22, the eldest of three siblings, died on July 28 under unclear circumstances while undergoing Reserve Officer Training Unit training at the Army Combat Training Centre in Ulu Tiram, Johor.
He began training on July 26 and was expected to finish on Aug 3.
He was reported to have suffered a seizure before his death. Ummu, however, alleged that her son’s body bore bruises and injuries consistent with physical assault rather than a seizure.
On Aug 13, defence minister Khaled Nordin said authorities found no indication that the cadet was physically abused, and that preliminary post-mortem findings showed no injuries caused by physical abuse, although the full post-mortem report was expected within two months.
The family’s lawyer, Naran Singh, raised the matter during proceedings in the High Court before Justice Bhupindar Singh today, saying he was dumbfounded by the refusal.
He told the court that the investigating officer had no objection to supplying the report but instructed him to obtain authorisation from the attorney-general.
“I really don’t understand why the attorney-general would refuse to give the report. The provision of law is very clear that it is a public document as per Section 74 of the Evidence Act.
“It is so easy to just supply the report,” he said.
Naran also informed the court that the second post-mortem report was ready, and that he would collect it from the forensic department of Kuala Lumpur Hospital tomorrow.
Deputy public prosecutor Raja Zaizul Faridah Raja Zaharudin said she had not received any instructions to provide the first report as the death was still under investigation.
She said the AGC was awaiting the findings of the second post-mortem.
“Once we get the investigation papers, as well as the first and second post-mortem reports, we will decide (on the family’s request),” she told the court.
Bhupindar fixed Dec 5 for the prosecution to update the court and to decide whether to compel the AGC to supply the first post-mortem report.
On Aug 26, the High Court ordered the exhumation of Syamsul’s remains for a second post-mortem following a motion filed by his mother Ummu Haiman Bee Daulatgun, 45.
The court directed that the post-mortem report be produced within a reasonable period and that a copy be furnished to the family’s lawyer.
Ummu filed the motion on Aug 14, naming Inspector-General of Police Khalid Ismail and Attorney-General Dusuki Mokhtar as respondents.
Syamsul, 22, the eldest of three siblings, died on July 28 under unclear circumstances while undergoing Reserve Officer Training Unit training at the Army Combat Training Centre in Ulu Tiram, Johor.
He began training on July 26 and was expected to finish on Aug 3.
He was reported to have suffered a seizure before his death. Ummu, however, alleged that her son’s body bore bruises and injuries consistent with physical assault rather than a seizure.
On Aug 13, defence minister Khaled Nordin said authorities found no indication that the cadet was physically abused, and that preliminary post-mortem findings showed no injuries caused by physical abuse, although the full post-mortem report was expected within two months.
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