Police: ‘Sudden death’ probes require balancing forensic evidence and public perception

KUALA LUMPUR: The investigation of sudden death reports (SDR), particularly in high-profile cases, is not limited to forensic analysis, but also requires careful management of perceptions among families, the media and the public.

Federal Criminal Investigation Department director Datuk M. Kumar said, under Malaysian law, the cause of death can only be confirmed by a government medical officer in accordance with Section 331 of the Criminal Procedure Code.

He said, in SDR investigations, police would inform the victim’s family of the investigation outcome and post-mortem examination findings from the hospital to ease suspicions and concerns.

“Section 332 of the CPC states that a post-mortem report prepared by a government medical officer serves as prima facie evidence regarding the facts stated in it.

“All evidence gathered while investigations are ongoing remains confidential to avoid interference with the investigation process and will only be disclosed in court,” he said.

Kumar said this often led to differing perceptions between the authorities and the public, particularly when a case attracted widespread attention.

He said the main challenges included dealing with sensitive family expectations through empathetic communication and expectation management, as well as pressure from the media and the public, which could influence the narrative surrounding a case.

“Other challenges involve the collection of evidence, such as delays in reporting, the absence of witnesses or the condition of decomposed bodies.

“The legal process also requires coordination among police, hospitals and the Attorney-General’s Chambers, and in certain circumstances may require an inquest.”

Kumar said high-profile cases could affect public perception if investigations were seen as slow or lacking transparency.

He said police had to balance professional investigations with the need for transparency to maintain public confidence in the justice system.

“By addressing these challenges professionally and transparently, police can ensure investigations are conducted fairly.

“Public confidence in the justice system can be maintained through this approach.”

Commenting on review mechanisms if objections or appeals were raised by families regarding an SDR classification, Kumar said Malaysia’s legal framework provided checks and balances.

He said Section 339 of the CPC empowered the public prosecutor to direct a magistrate to conduct a death inquiry and record findings on the cause and circumstances of death, including ordering the exhumation of a body if necessary.

“The Attorney-General’s Chambers may review the investigation papers, hear representations from the family and direct further investigations or an inquest.

“Inquests conducted in the Coroner’s Court are open to the public, and families may be represented by lawyers, question witnesses and submit evidence.”

Kumar added that, in certain circumstances, families could also bring the matter to the High Court through judicial review.

He cited the cases of Teoh Beng Hock and Zara Qairina Mahathir as examples showing that investigations could be reviewed when there was pressure from families and significant public interest.

“The review mechanism for SDR classifications is an important component of Malaysia’s criminal justice system.

“It provides a channel for families to raise objections and ensures investigations are conducted transparently and fairly.”

On the reclassification of cases, Kumar said the process could occur when new evidence emerged from post-mortem examination findings, witness testimony or forensic analysis in line with sections 337 and 338 of the CPC.

He said if new evidence indicating criminal elements surfaced after an inquest, the case could be reclassified as a criminal investigation.

“For example, in a fall-from-building case initially classified as an SDR due to suspected suicide, the discovery of signs of struggle and witness testimony could result in the case being reclassified as murder.

“In drowning cases, an initial SDR classification could change if toxicology reports revealed evidence of coercion, leading to the case being reclassified as criminal negligence,” he said.

He added that the reclassification of SDR cases into criminal cases could be carried out on the instruction of the inspector-general of police or the Criminal Investigation Department director through subordinate officers.

Kumar said the mechanism demonstrated the authorities’ commitment to ensuring every death was thoroughly investigated and that justice was upheld, even if the direction of the investigation had to change following new evidence.

For transparency in high-profile cases, he said investigations were usually taken over by federal police headquarters in Bukit Aman so they could be directly monitored by experienced senior police officers.

He said police would issue periodic statements or updates on investigation progress without revealing confidential details that could jeopardise the probe.

“Cooperation with hospitals, forensic experts and prosecutors shows that decisions on SDR classifications are not made unilaterally, but through a system of checks and balances.

“If doubts arise, an open court inquest process may be conducted as provided for under chapters XIII and XXXII of the CPC, the Sabah and Sarawak Inquest Ordinance, and the Standard Operating Procedure for the Management of Investigations into Unexplained Deaths issued in 2024.”

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المصدر: New Straits Times