Final verdict over death of former Batu Sapi MP
Posted on February 10, 2012, Friday
FINAL VERDICT: Tsen (third right) outside the court with Yee and his wife (second and third left), counsels Jingulam (left), Chin (right) and Mositun (second right).
KOTA KINABALU: No evidence to hold anyone criminally liable, says coroner.
Coroner Melissa Chia yesterday ruled that based on the evidence adduced during the inquest into the death of the late Datuk Edmund Chong, she did not have any evidence to hold anyone criminally liable in connection with the death of the former Batu Sapi member of parliament.
As to whether the driver of the Mercedes, Oi Thian Ho, was criminally concerned with the cause of Chong’s death, Chia held that with the analysis that she had made, she could only conclude that there was no evidence that led her to hold that Oi was criminally liable as a result of the accident.
Chong had died on the spot after his Kawasaki GPZ 750cc turbocharged motorcycle collided with a Mercedes-Benz car on the Coastal Highway here on Oct 9, 2010.
In her 21-page verdict, Chia further held that she was inclined to make the conclusion that Chong had come to his death as a result of a collision between the left side of his motorcycle and the right side of the Mercedes.
“The relative angle of such collision was 19 degrees, however, there is no evidence which leads me to conclude as to whether the collision was caused by the driver of the Mercedes making a right turn,” she explained.
Chia found that all deponents were credible and while weighing all the evidence adduced before her on the ‘balance of probabilities sliding to beyond reasonable doubt’, she could only conclude that such collision had happened due to a few possible scenarios.
“The watching brief counsels for the deceased’s family submitted that the issue which I need to address is whether the accident is to be classified under Rule 6(1) of the Road Traffic Rules 1959 or Section 41 (1) of the Road Transport Act 1987, I find this submission has no merit for a simple reason that I am not bestowed with such power to suggest any offence committed by any person,” Chia held.
She further said it was also the contention of the watching brief counsels for Chong’s family that the police investigation was incomplete and the incompetency of the police personnel to which she found that the investigating officer (IO) had executed his duties with due diligence except for the fact that he admitted that he did not request a local chemist (deponent 28) for his opinion on how the accident happened.
“But the IO testified also that the investigation paper was referred to his superiors for instruction if any further investigation was needed,” said Chia, adding, for this reason, with all facts available before the IO and his superiors, they could not find any evidence that showed the driver of the Mercedes attempted to make a U-turn.
The inquiry commenced on Aug 16, 2011, and 37 deponents were called to assist the coroner while 69 exhibits were duly tendered throughout the inquest.
Also assisting Chia were deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin, traffic prosecuting officer Chief Inspector Wilynton Enchana Watt, counsels Chin Teck Ming and Batholomew Jingulam, who acted for Chong’s family, counsels for the driver of the Mercedes Nelson W Angang and Loretto S Padua Jr and counsel Datin Sa’adah Aziz who held a watching brief for an insurance company.
Also attending the court were Deputy Chief Minister Datuk Dr Yee Moh Chai and his wife Datin Vicky Yee; Chong’s widow Datin Linda Tsen and PBS information chief Datuk Johnny Mositun.
Meanwhile, at outside the court, Tsen, when interviewed by the reporters only said she would discuss with her lawyer on what the next course of action to be taken after this.
Tsen who sat at the visitor’s gallery yesterday looked calm when the verdict was delivered.
