PENAMA/SIMATI Joseph A/l Sinnappan Simati : Soosaimanickam A/l Joseph

PENAMA/SIMATI Joseph A/l Sinnappan Simati : Soosaimanickam A/l Joseph

On the balance of probabilities the medical evidence established pulmonary oedema as the cause of death; independent forensic opinion concurred that pulmonary oedema resulted from infection/clinical pathology but there was insufficient and conflicting evidence to attribute causation to any person, to prove denial of medical attention, to prove leptospirosis or to show unlawful conduct by officers. Therefore an open verdict was warranted and no person was found criminally concerned.

Citation
AA-65A-4-05/2019 (Mahkamah Sesyen)
Parties
Deceased: Soosaimanicckam a/l Joseph; Respondent / Training Authority: Royal Malaysian Navy / KD Sultan Idris 1 (KDSI 1); State Prosecutor Assisting Coroner: Public Prosecutor / Deputy Public Prosecutor; Interested Party: Human Rights Commission of Malaysia (SUHAKAM)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 June 2023
Case Number
AA-65A-4-05/2019 (Mahkamah Sesyen)
Procedural Posture
Inquest Into Death / Hearing Concluded — Verdict Delivered (open Verdict)
Outcome
Open verdict
Legal Topics
Cause of Death, Coroners' Duties Under S.337 CPC, Adequacy of Medical Examination, Allegations of Bullying/ragging, Denial of Medical Treatment, Infectious Disease Suspicion (leptospirosis), Heat Related Illness / Rhabdomyolysis
Source Language
Malay/English
Criminal Procedure Coroner's Inquest Forensic Pathology Military / Administrative Law Cause of Death Coroners' Duties Under S.337 CPC Adequacy of Medical Examination Allegations of Bullying/ragging +3 more

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Parties

Soosaimanicckam a/l Joseph

Deceased

Royal Malaysian Navy / KD Sultan Idris 1 (KDSI 1)

Respondent / Training Authority

Public Prosecutor / Deputy Public Prosecutor

State Prosecutor Assisting Coroner

Human Rights Commission of Malaysia (SUHAKAM)

Interested Party

Procedural Posture

Inquest Into Death / Hearing Concluded — Verdict Delivered (open Verdict)

Legal Issues

  1. 1 What was the cause of death?
  2. 2 Whether any person was criminally concerned in the death
  3. 3 Whether denial of medical treatment contributed to death

Ratio Decidendi

On the balance of probabilities the medical evidence established pulmonary oedema as the cause of death; independent forensic opinion concurred that pulmonary oedema resulted from infection/clinical pathology but there was insufficient and conflicting evidence to attribute causation to any person, to prove denial of medical attention, to prove leptospirosis or to show unlawful conduct by officers. Therefore an open verdict was warranted and no person was found criminally concerned.

Court Disposition

Open verdict

Orders

  • Open verdict recorded (cause of death: pulmonary oedema)
  • No person found to be criminally concerned in the death