Lawyers call for inquest into Zara's death, exhumation of body

Summary

• Lawyers representing Zara Qairina Mahathir’s mother lament that the police investigation into the teenager's death has serious flaws.

• They cite the failure to conduct a post-mortem before burial, and the neglect to secure her clothing and personal belongings as evidence, among others.

• Legal team formally requests AGC to reopen the investigation under experienced Bukit Aman officers, exhume Zara's body for a proper post-mortem and conduct an inquest.

Lawyers representing the mother of 13-year-old Zara Qairina Mahathir have outlined four demands to authorities investigating the teenager's death, lamenting that the police investigation has "weaknesses and serious flaws".

In a joint statement today, Hamid Ismail and Shahlan Jufri also demanded an exhumation of her body to identify the cause of her death, and an inquest to determine if criminal elements were involved.

They argued that the police probe into the student’s death was “narrow in scope and limited in focus”.

"No post-mortem was conducted on Zara's body. Police also did not secure the clothes and personal items Zara was wearing for investigation, after she was found lifeless below her hostel building on July 16.

"Our client's statement regarding the bruising on Zara's back was only taken on the afternoon of Aug 3 and the afternoon of Aug 4 at the Sipitang police station.

“We believe the police lack sufficient material to investigate this matter effectively, as they do not possess a post-mortem report, nor Zara's clothing and personal belongings,” the lawyers said.

"Furthermore, there were time constraints for the investigation as the case investigation report was submitted on Aug 4 in Putrajaya," they added.

Police leak?

They said that the circulation of a “plot twist” narrative since last week across social media, alleging that Zara's death resulted from emotional pressure from her own mother, Noridah Lamat, also indicates apparent leakage from the investigation file.

They added that papers purported to be from Zara's diary were the source of this circulation, leading to them being labelled as substantive evidence.

"If these papers were part of Zara's personal belongings taken from her hostel locker by police following her death, this means someone has leaked the contents of the investigation file to the public to construct a malicious narrative and negative perception of Zara and her mother.

“Consequently, the integrity of the investigation has been compromised," the lawyers added.

Letter to AGC

Hamid and Shahlan said that given these concerns, a letter to the Attorney General's-Chambers (AGC) was sent this morning requesting the following:

• That the investigation papers are returned to the police, and the investigation is reopened.

• To have investigations conducted by experienced investigating officers from Bukit Aman.

• To have Zara's grave exhumed so that a post-mortem examination may be conducted to determine the true cause of death.

• To have an inquest to determine whether criminal elements exist in Zara's death.

"We hope the AG will exercise powers under Section 339(1) of the Criminal Procedure Code to direct a magistrate to conduct such an inquest.

"Our client does not seek victory in the investigation. She only wants justice for her child, Zara. She remains ready at all times to assist police in their investigation. Therefore, today we shall hand over all of Zara's clothing and belongings mentioned above to the police. The police contacted us yesterday for this,” the lawyers said.

They also expressed gratitude to all who have highlighted Zara’s case in pursuit of justice, including through peaceful assemblies by students and petition gathering by anglers, composing songs and poems, and sharing posts and news across social media.

“At the same time, please avoid making any speculation that could give rise to defamation against any party," the lawyers advised.

The AGC yesterday announced that it is examining a comprehensive preliminary investigation report from the police on Zara's death.

In a statement, the AGC said that the report was submitted on Aug 3 and 4 to its Sabah branch and Putrajaya headquarters, respectively.

About 60 witnesses interviewed

On Saturday, Home Minister Saifuddin Nasution Ismail confirmed that police have wrapped up their probe into the death of the Form One student from SMK Agama Tun Datu Mustapha in Papar, Sabah.

According to Saifuddin, the authority had recorded statements from around 60 witnesses.

Zara was found with severe injuries at her school dormitory at around 3am on July 16.

Initial reports stated she had fallen from the third floor of the building. She died the following day at the hospital.

Police have not ruled out the possibility of bullying and have referred the case to Bukit Aman for a more comprehensive analysis.

Ex-minister backs inquest call

Last week, former higher education minister Saifuddin Abdullah said he had also raised the post-mortem issue with the family's lawyers.

The Perikatan Nasional lawmaker, who oversees the coalition’s education portfolio, said he had advised the lawyers to ensure the post-mortem is conducted if it hasn’t been done.

He had also highlighted the case in the Dewan Rakyat, posing queries on the actual cause of the student’s death and seeking confirmation on alleged criminal elements in the case.

Today, he voiced his support for the inquest.

"Do an inquest on little Zara's case. I agree with the lawyers' request," he said on X.

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