SHAH ALAM: The High Court yesterday upheld the open verdict delivered in Teoh Beng Hock's inquest.
He said the coroner's duty was to decide whether there was any criminality based on the facts produced before him.
"His function is limited. He cannot make his own assumptions. The coroner had evaluated the testimonies of all the witnesses in the inquest and found there was not enough evidence to lead him to a homicide finding."
Rahim said although there were suspicious grounds which might lead to homicide, suspicion alone was insufficient under the law.
"There was no fact which could lead the coroner to say 'Yes, he was the one who committed it'."
He said there was a lacuna in the case, for example who inflicted the "pre-fall injuries" on Teoh's neck.
Rahim said there was no evidence to prove there was a third party involved.
"Hence, I agree with the coroner's decision in ruling out homicide. The deputy public prosecutor had also said there were no screams or defensive wounds to prove signs of struggle," he said, adding that there was also no evidence to prove Teoh had committed suicide.
"He showed no signs of depression and was normal and cooperative during investigations."
He said an open verdict was not satisfactory as it was neither here nor there, but that was the only option the coroner had.
After proceedings, Gobind said he would need to take instructions from Teoh's family whether to apply for leave to appeal against the High Court's decision.
On Jan 5, coroner Azmil Muntapha Abas delivered an open verdict in Teoh's inquest.
Due to public outcry, a Royal Commission of Inquiry was set up and on July 21, the panel ruled Teoh was driven to suicide due to aggressive questioning by Malaysian Anti-Corruption Commission officers.
Teoh, 30, a political aide to Selangor executive councillor Ean Yong Hian Wah, was found dead on July 16, 2009, on the fifth floor corridor of Plaza Masalam here.
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