Joseph A/l Sinnappan Simati : Soosaimanickam A/l Joseph [TIMBALAN ]

Joseph A/l Sinnappan Simati : Soosaimanickam A/l Joseph [TIMBALAN ]

The High Court held that the coroner's Open Verdict was unsustainable because the totality of evidence, including uncontested expert forensic opinion, established on the balance of probabilities that the cause of death was Pulmonary Oedema secondary to Leptospirosis and that the death resulted from denial of timely medical treatment by TLDM officers; accordingly the Open Verdict was set aside and substituted with a finding of homicide.

Citation
AA-42(Ors)-5-07/2023 (Mahkamah Tinggi)
Parties
Appellant: Joseph A/L Sinnappan; Respondent: Public Prosecutor
Court
Ors
Jurisdiction
Malaysia
Judgment Date
29 July 2024
Case Number
AA-42(Ors)-5-07/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal From Coroner's Inquest / Appeal Judgment
Outcome
Appeal allowed in part; coroner's Open Verdict set aside and substituted with a finding of homicide
Legal Topics
Open Verdict, Homicide Finding, Cause of Death, Standard of Proof in Inquests, Expert Evidence Assessment, Duty to Provide Medical Treatment
Source Language
Malay/English
Criminal Law Inquest/coroners Law Health/medical Law Forensic Pathology Open Verdict Homicide Finding Cause of Death Standard of Proof in Inquests +2 more

Case Brief

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Parties

Joseph A/L Sinnappan

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal From Coroner's Inquest / Appeal Judgment

Legal Issues

  1. 1 Whether the coroner's Open Verdict was sustainable on the evidence
  2. 2 Whether the cause of death was Pulmonary Oedema due to Leptospirosis
  3. 3 Whether officers of the Royal Malaysian Navy unlawfully denied the deceased medical treatment causing death

Ratio Decidendi

The High Court held that the coroner's Open Verdict was unsustainable because the totality of evidence, including uncontested expert forensic opinion, established on the balance of probabilities that the cause of death was Pulmonary Oedema secondary to Leptospirosis and that the death resulted from denial of timely medical treatment by TLDM officers; accordingly the Open Verdict was set aside and substituted with a finding of homicide.

Court Disposition

Appeal allowed in part; coroner's Open Verdict set aside and substituted with a finding of homicide

Orders

  • Set aside the Coroner's Open Verdict
  • Substitute verdict with 'homicide'