EXPLAINER: How an inquest works and what it means in Zara's death probe

New Straits Times

a day ago

KUALA LUMPUR: The death of Zara Qairina Mahathir has gripped national attention — not only for its tragic circumstances, but also for what comes next: an inquest.
Under Malaysian law, an inquest is one of the most important tools for answering the pressing questions after a sudden or suspicious death: What happened? How? And could it have been prevented?
Zara, 13, a student at SMKA Tun Datu Mustapha in Sabah, was found unconscious in her dormitory compound in the early hours of July 16. She died the next day in hospital.
Today, the Attorney-General's Chambers (A-GC) ordered an inquest into her death, following her family's request to determine whether any criminal element was involved.
SUBHEAD: What is an inquest?
An inquest is a judicial inquiry conducted by a coroner or magistrate to determine how, when, and where a death occurred — particularly when the circumstances are sudden, unnatural, or suspicious.
It is a fact-finding process, not a criminal trial.
The coroner does not assign blame or determine guilt, but instead delivers an authoritative account of the events leading to the death, based on witness testimony, forensic reports, and other evidence.
SUBHEAD: When is an inquest held?
• Sudden, unnatural, or suspicious deaths – such as accidents, suspected suicides, unexplained falls, or possible homicides.
• Deaths in custody or official care – including police lock-ups, prisons, immigration detention centres, or psychiatric facilities, to rule out misconduct or negligence.
• Cases attracting public interest – where intense public debate or speculation has arisen, an inquest can help clarify facts and dispel misinformation.
SUBHEAD: How does an inquest work?
When a death meets the legal criteria, Malaysian law mandates an inquest under Section 339(1) of the Criminal Procedure Code.
A magistrate acting as coroner conducts open-court hearings to establish the cause, manner, and circumstances of death.
Witnesses — from family members to medical experts — may be called to testify. Post-mortem and laboratory reports are examined, and families often engage lawyers to ensure their questions are addressed.
At the conclusion, the coroner delivers a verdict such as death by natural causes, misadventure, suicide, homicide, or an "open verdict" if the cause remains unclear. In some cases, coroners also issue recommendations to prevent similar tragedies.
SUBHEAD: Why does it matter in Zara's case?
Criminal lawyer Datuk N. Sivananthan had said that given the high level of public interest and the swirl of online allegations, an inquest is the most effective way to address concerns and uncover the truth.
Even without clear signs of foul play, he said, the inquiry could explore whether factors such as bullying, negligence, or unsafe conditions contributed to Zara's death.
The findings, while not directly resulting in criminal charges, may guide police and prosecutors in deciding whether further action is warranted — and will provide an official record for the family and public.
SUBHEAD: Learning from past inquests: The Gunung Tahan case
In June this year, courts began hearing the Gunung Tahan inquest into the 2022 death of hiker Raja Azlan Shah, affectionately known as Ian.
What began as a trek through Malaysia's pristine wilderness ended in tragedy, raising questions about expedition safety and preparedness.
During hearings, lawyers for other hikers objected to public commentary about the case, prompting the judge to caution all parties against making statements while proceedings were ongoing.
At the heart of that inquest are issues of safety standards, accountability, and whether preventive measures could have saved Raja AzIan's life.
In some cases, coroners' recommendations have led to reforms — offering hope that lessons learned might protect others in the future.