AG's Chambers Just What Are You Doing? YOU ALREADY HAVE 195 WITNESSES!!

First here is a very strange death that happened in Oregon in the USA in 2019. There was a well known American actor by the name of Charles Levin. He appeared in sitcoms like Seinfeld and Golden Girls and the Police drama Hill Street Blues. 

He lived in Oregon. One day in June 2019 he went missing. About 20 days later they found his car in the deep woods in Oregon. The car was in a remote spot about half a mile away from a rural road. The car was literally found in the woods. There were no roads there. Here are some pictures.  

The car was a small Fiat. It was not a four wheel drive. Levin's badly decomposed body was found stuck on a tree in a 30 foot ravine, below the car. The car itself did not roll down the ravine. But the car was dented and damaged. How did his body get into the tree? His dog was also found dead inside the car, beside the driver's side - also badly decomposed. Levin's body was found naked. His clothes had been torn up and placed  in a pile near where the body was found. His well known blue-colour eye glasses were broken in two pieces and found lying together near the car. What was even more mindboggling was that there was no road or track for the tiny Fiat to have driven to that spot. You can see the pictures. After the car was found the local Police could not get to the site even riding on ATVs (all terrain vehicles). Instead the Police had to hike on foot to reach the site of Levin's mysterious death. Finally it took the Police ONE MONTH to pull Levin's car out of that site - they hired tow trucks and other equipment to clear logs, fallen trees, rocks and clear away earth to get the car. In the process a tow truck and another off road vehicle were damaged. So how did Levin's tiny Fiat get through the woods to that spot? How did he die? 

Surely this case warranted a Coroner's Inquiry - to determine exactly what happened to Charles Levine. But the local authorities were satisfied with the Police investigations plus the autopsy and said that it was 'accidental death'.   

Here is more news about Zara Qairina's death.

 

• AGC to proceed with charges in the bullying of Zara Qairina Mahathir 
• assuring move will not interfere with inquest proceedings into her death.
  

OSTB:  I beg to differ.  This sounds like as though the bullying of Zara Qairina happened in the North pole but her death happened in the South pole.  Hello kawan2, the two are NOT DIFFERENT EVENTS. The two are the same events - without a doubt the bullying directly led to her death. Or her death was immediately preceded by the bullying. They are both obviously connected. 

Why are you breaking up the bullying and her death into two separate issues as though they are not connected? 

And then you are charging some people with bullying (which Datuk Kumar the Policeman said carries a 10 year jail term) BUT we must wait for an inquest to determine whether criminal elements involved in death?   

• AGC said decision made after reviewing investigation papers submitted by police
• Minister said girl's death focus on bullying, neglect, sexual harassment. 
• Police handed investigation papers to AGC, statements from 195 witnesses
• Coroner’s Court 3 Sept to determine whether criminal elements involved in death
• Zara found unconscious in a drain near her school dormitory around 4am on 16 July

If you take a case to a Criminal Court the Court can say 'Guilty' or 'Not Guilty'. It can go either way.

Similarly an Inquest can go either way. What if the Inquest cannot "determine whether criminal elements involved in death" ? So will that mean Zara flew by herself off the third floor and  'Zara found unconscious in a drain' all by herself? 

I really dont understand - why do you even need an Inquest? The quite unbelievable number is 195 witnesses. Everyone is talking about the 195 witnesses. 

Police handed investigation papers to AGC, statements from 195 witnesses. This means all the people present on the night of her bullying and her death (which was the same night) are known, present and accounted for.  

If you already have 195 witnesses, why do you need a separate Inquest? Just charge them with bullying, murder, manslaughter or whatever and bring all the 195 witnesses to Criminal Court. Apa susah sangat? 

What is the difference between a Coroner’s Murder Inquest and a Murder Trial in Court?

• Coroner’s Murder Inquest: To establish the facts of death — who died, where, when, and how (the medical and surrounding circumstances). 
• Example: Did the person die from falling, poisoning, stabbing, etc.?
• Focus: Not about guilt or innocence, but about the cause and circumstances of death. 
• Inquest = Fact-finding inquiry about the death itself. No guilty or innocent verdict.

• Murder Trial in Court: To determine criminal liability — whether the accused committed murder.
• Focus: On guilt or innocence of the accused, with a very high standard of proof: “beyond a reasonable doubt.”
• Murder trial = Legal proceeding to determine if someone committed the crime of murder. Guilty or innocent verdict.

Obviously a Coroner's Inquest is needed when there are:

• i.  not enough witnesses
• ii. the facts are unclear
• iii. the body was not found or could not be recovered
• iv. time, place of death cannot be clearly determined
• v. cause of death cannot be determined
• vi. murder weapon cannot be found 

etc etc etc.  Meaning tak cukup evidence dan fakta. 

But when you have 195 witnesses, when you know almost exactly what time she was found lying unconscious, where she was found, who knew where she was lying, who found her, and you know exactly all the injuries to her - then why do you still need a Coroner's Inquest to determine all these basic things?

The Policeman Datuk Kumar already said she fell from a height (three stories). This automatically means her legs, arms, backbone, rib-cage should be broken. How can she fall three stories without breaking her legs, arms, backbone, ribcage etc.

If she fell three stories what about injuries to her face, her skull, her head?  If she fell three stories there must be serious injury to her face, head or skull. 

Were there any blood stains?  If she fell three stories there must be bloodstains. 

How can she suffer serious internal trauma to her brain without suffering serious external injury to her head?

Or did something else happen to her? Was she smothered with a pillow, had her head shoved under a pail of water, or someone held her nose and mouth closed, thus depriving her brain of oxygen or was she shaken violently which caused that Hypoxic-Ischemic Encephalopathy (HIE), a brain injury caused by oxygen and blood flow deprivation??

Surely with 195 witnesses the Police can fully determine all these questions and possibilities. You do not need to call 195 witnesses to an Inquest  to find out  'eh eh what happened' ?

Hello Mr Coroner Kota Kinabalu, you are going to look quite ridiculous calling 195 witnesses to your inquest. You may possibly qualify for the Guinness Book of World Records for the most number of witnesses to be called for an Inquiry to determine 'Eh eh what happened'?  

I am reminded of that Coroner's Inquest to determine the cause of death of that Bomba boy in Shah Alam. Some years ago. It was a waste of time. The forensic specialist already said that the injuries suffered by the boy were caused by the door of the Bomba truck slamming into him at some speed.

The IGP at that time also said that the Police could not find any evidence for foul play. But the politicians wanted that Inquest.  The IGP got fed up and said that if anyone has real evidence to show that the Bomba boy was not killed by the Bomba truck then please show the evidence. No one came forward.

I dont know why they are having this Inquest. They have 195 witnesses.