Zara inquest: Lawyers for father, 5 accused admitted as interested parties

The inquest into the death of 13-year-old Zara Qairina Mahathir has begun in Kota Kinabalu, with the court allowing her father’s counsel and lawyers representing five accused teenagers to take part as interested parties.

Sessions Court judge Amir Shah Amir Hassan, sitting as coroner, granted Mahathir Hashim Marikin’s application to be represented throughout the proceedings by his lawyers Sherzali Asli, Nurul Rafeeqa Afdul Mutolip and Clarice Vyonne Conrad.

His application was separate from that of his wife, Noraidah Lamat.

The coroner also admitted the legal teams for the five minors charged with bullying Zara in the Juvenile Court, despite objections from Noraidah and the Sabah Law Society (SLS).

“By virtue of the practice directions, and in fairness, I allow them to be declared as interested parties,” Amir said.

Yesterday, the High Court in Kota Kinabalu set aside the initial coroner Azreena Aziz’s order permitting counsels representing the minors to attend the inquest proceedings. Azreena had, before that, recused herself from presiding over the case.

Applications by SLS and the Education Ministry to observe the case on a watching brief were also allowed.

Dozens of witnesses expected

The Coroner’s Court was told that about 68 witnesses would be called, including 35 children.

The conducting officers confirmed that the first testimony would come from government pathologist, Dr Jessie Hiu.

Lawyers disagreed on whether written witness statements should be accepted in place of live testimony.

The Attorney-General’s Chambers argued that the use of witness statements would speed up proceedings, but counsel for Zara’s mother objected.

“With all due respect, witness statements can be unreliable. We cannot cross-examine a piece of paper,” lawyer Rizwandean M Borhan said.

Protecting vulnerable witnesses

Other lawyers stressed the need to safeguard the children expected to testify.

“The court has to respect the wishes of the child. They must be protected. That is why we are here,” one lawyer said outside the court.

Subsequently, the judge ruled that only selected child witnesses would be called in, with just the lead counsel permitted to question them.

This is to prevent duplication and ensure vulnerable witnesses are not subjected to unnecessary pressure.

The inquest will commence at 2pm with Hiu’s evidence.

The coroner also fixed Sept 11, at 9.30am, to visit the school in Papar where Zara was found unconscious on July 16.

The inquest is examining the circumstances of Zara’s death, which has drawn widespread public attention and prompted vigils across Sabah.

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