Yap( centre) and ASP Hisyam Junaidi talk after receiving a petition from Chung’s family members (background).
KUCHING: The High Court here yesterday dismissed an application made by the wife of late Chung Soon Teck, who was shot dead in Kalimantan, Indonesia, for an order to conduct a post-mortem on the deceased.
Judicial Commissioner Celestina Stuel Galid said the order was outside her jurisdiction.
In the originating summon filed by Tan Lee San (Chung’s wife), with assistance from SUPP Public Complaints Bureau chief Wilfred Yap, the procedure was required to ascertain the cause of death, a report of the appearance of the body and the conclusions that can be drawn from the post-mortem.
“While I do sympathise with the plaintiff’s (Tan) predicament, with regards to the provision under the Criminal Procedure Code, and with no authorities provided, I dismiss the application,” Celestina said.
She said the provision under Section 329 and 330 of the Criminal Procedure Code is specific.
On Dec 16 last year, Yap was asked to produce an authority whether the High Court has the power to make an order for a post-mortem to be conducted on the death (body) which occurred outside the country, but was unable to do so.
Chung, a car salesman is suspected to be carrying 3kg of syabu heading to Pontianak through Entikong border point, and was shot dead ‘in his bid to escape’ on Nov 18 last year, according to a report. He was said to be in the country for a vacation with three Indonesian friends.
Yesterday, a family member of the deceased said they were considering using a private pathologist to conduct the post-mortem. For the time being, they will discuss with their lawyer the next course of action to take.