Pornthip may not get the chance

Local law says only a government doctor can conduct post-mortem
Monday, November 2nd, 2009 04:44:00
Gobind

Gobind: Post-mortem should put closure to Teoh's death

IT looks like “Dr Death” cannot conduct Teoh Beng Hock’s second post-mortem under Malaysia’s Criminal Procedure Code (CPC).

The CPC states that the post-mortem examination of a body is to be undertaken by a government medical officer and forensic pathologist Dr Pornthip Rojanasunand — brought in from Thailand by the Selangor government as an expert witness in Teoh’s death inquest — does not fall under this category.

A court hearing on the application to exhume Teoh’s body — and to allow Dr Pornthip to conduct the post-mortem on Teoh — has been fixed for Nov 4.

Dr Pornthip dropped a bombshell a few weeks ago when she told the court that Teoh’s death was 80 per cent homicide and 20 per cent suicide, based on photographs that were given to her.

Counsel Gobind Singh Deo, who is holding a watching brief for Teoh’s family, believes it will not be much of a problem if Dr Pornthip is not allowed to conduct the autopsy.

“If Pornthip is not allowed to conduct the post-mortem, she can still supervise the post-mortem and provide instructions to officers who are conducting it,” Gobind told Malay Mail.

“However, I believe there are ways around this law and we will be looking into these. It can be resolved,” he added.

On suggestions that Dr Pornthip’s eventual findings would be biased, as she was engaged by the Selangor government, Gobind dismissed that notion.

“Whatever her findings are following the second post-mortem that she is about to conduct, it will be backed up by photographic evidence,” Gobind said. “This will ensure the independence of her findings.”

Gobind also said that he had already made it known that he proposed for the two pathologists — who conducted the first post-mortem on Teoh — to be present during Dr Pornthip’s post-mortem.

“This is to eliminate the possibility of even more post-mortem in the future, and hopefully also to put finality and closure to the matter,” he added.

CRIMINAL PROCEDURE CODE

PART VIII — SPECIAL PROCEEDINGS CHAPTER XXXII — INQUIRIES OF DEATHS

Section 330. Duty of officer to arrange for post-mortem examination in certain cases.

"Every officer making an investigation under section 329 shall, if there appears to him any reason to suspect that the deceased came by his death in a sudden or unnatural manner or by violence or that his death resulted in any way from or was accelerated by any unlawful act or omission on the part of any other person, at once inform the nearest Government Medical Officer and, unless it appears to him that the body should be viewed by a Magistrate in situ, shall take or send the body to the nearest government hospital or other convenient place for the holding of a post-mortem examination of the body by a Government Medical Officer."


Comments

A maximum security MUST be guaranteed to Dr. Pornthip while she is in Malaysia. The authority MUST ensure that the Fedeal government is NOT allowed to privately engage with Dr. Pornthip - else it will be baseless for the 2nd autopsy to be conducted.

Submitted by Andrew Low on Monday, November 23rd, 2009.
What baffles of all the baffles are that, why the TBH parent did not allow porntip to do post moterm while the body still freshly died. Why after the body have been buried and 80/20 theory? Something fishy happening here.

Submitted by Anonymous on Tuesday, November 3rd, 2009.
How do you expect public servant to be biased? It is like if you have to make a police report on a burglary at the station you must bring a lawyer or other witnesses to make sure the policeman will do his job properly.

Submitted by Anonymous on Tuesday, November 3rd, 2009.
hmmm....looks like our friends at anti-corruption just dodged a bullet. business as usual. disgusted doesn't even start to address the sentiments of the rakyat.

Submitted by Anonymous on Monday, November 2nd, 2009.
What baffles me is that the Court already allowed Dr. Porntip to execute the Visual Investigation of Teoh Beng Hock via the photos. Why at this moment, the government is NOT allowing Dr. Porntip to proceed with the full investigation?

Submitted by Disgusted on Monday, November 2nd, 2009.
Government/s must also heed statutury regulation/s. Regulations are legalised by the Administration of the day so that when certain events happen things do not go kelam-kabut. I think that in theory, Courts are not the keepers of any legislation. The Procedure/s are a guide-line for the Police to follow. Courts interpret and apply the "law/Rules" to cases under its care[jurisdiction]. So, who is directly in charge of this CRC? I think it will be stated somewhere in the Regulation. I do not have access to a copy and therefore say for sure. So, as you can guess, it is not an automatic thing for any government to just snap the fingers and order this and order that. It would be illegal for the government to do that, even if it was made by the same. People in the legal profession understand this. There is the due process [way of doing things] that must be followed by the Legislators. A good example is the ISA. It is not good enough for the Minister of Internal Affairs [the Keeper?] to say " I want to change this, delete that, and add this to the application of ISA because I am the Minister responsible and I like it my way." To change the Law, the Minister/Executive Councilor will have to introduce/propose changes to Parliament[Federal] or The State Assembly[State Government]. There, the changes will be debated, voted on by all members, and if there is a majority for it it will be gazetted[made] as an amendment to that particular Law[ Legislation] However, there may be provision/s in a Law/Rule that may allow the person/Minister [who is the final responsible person] to waive[let-go] certain procedures at his own good judgement. It may be called "Discretionary Power". What I have said so-far is just a very simple explanation. Someone may wish to do some correction. I am a fence sitter, so please don't say I am bias. Having said the above, DOES THIS SPECIAL COURT HAVE TEMPORY AUTHORITY OVER THE CRC TO ALLOW DR PORTNIP PERFORM AN AUTOPSY? Does it need permission from whoever is in charge of CRC? REMEMBER. This is no ordinary court. It is IS IS IS APPOINTED by the Federal Government to find out the truth of the matter. IT IS A COMMISSION OF INQUIRY INTO THE TRUTH, THE TRUE PICTURE. If it is not allowed to let a foreign medical expert to perform the required autopsy, it will be just like a laughing ....whatever. With due respect....Jangan tekan sendiri.

Submitted by Anonymous on Tuesday, November 3rd, 2009.
THIS IS A RIGHT MOVE WHICH CAN HELP OUR PRIME MINISTER TO GAIN THE TRUST OF THE MALAYSIAN AND ABLE TO WIN THE NEXT GERERAL ELECTION ! DO THE RIGHT DECISION ON THE RIGHT TIME.

Submitted by wong cheehow on Monday, November 2nd, 2009.
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