PENAMA/SIMATI ANBUGHANI A/L PAKEER MOHAMED

PENAMA/SIMATI ANBUGHANI A/L PAKEER MOHAMED

The deceased died from a gunshot wound to the chest; the shot was fired by D/L.Kpl. Cheah Yew Teik (SI-8) during an altercation outside the pub, but the evidence was insufficient to identify or criminally implicate other persons or to establish unlawful killing beyond the scope of the inquest, resulting in an open verdict.

Citation
AA-65A-7-08/2020 (Mahkamah Sesyen)
Parties
Deceased: Kathir Oli a/l Pakeer Mohamed; Police Officer (shooter / Subject Officer): D/L.Kpl. Cheah Yew Teik; Deputy Public Prosecutor / Pegawai Pengendali: Evangelin a/p Simon Silvaraj; Representative for Deceased's Family: Deputy Public Prosecutor for the deceased's family (office)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 January 2023
Case Number
AA-65A-7-08/2020 (Mahkamah Sesyen)
Procedural Posture
Inquest / Verdict (open)
Outcome
Inquest verdict: OPEN
Legal Topics
Cause of Death, Identification of Assailant, Self Defence Claim, Open Verdict, Evidential Sufficiency
Source Language
Malay/English
Criminal Law Coronial Law Police Use of Force Forensic Pathology Cause of Death Identification of Assailant Self Defence Claim Open Verdict +1 more

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Parties

Kathir Oli a/l Pakeer Mohamed

Deceased

D/L.Kpl. Cheah Yew Teik

Police Officer (shooter / Subject Officer)

Evangelin a/p Simon Silvaraj

Deputy Public Prosecutor / Pegawai Pengendali

Deputy Public Prosecutor for the deceased's family (office)

Representative for Deceased's Family

Procedural Posture

Inquest / Verdict (open)

Legal Issues

  1. 1 What was the cause and manner of death?
  2. 2 When and where did death occur?
  3. 3 Whether any person was criminally concerned in the death?

Ratio Decidendi

The deceased died from a gunshot wound to the chest; the shot was fired by D/L.Kpl. Cheah Yew Teik (SI-8) during an altercation outside the pub, but the evidence was insufficient to identify or criminally implicate other persons or to establish unlawful killing beyond the scope of the inquest, resulting in an open verdict.

Court Disposition

Inquest verdict: OPEN