The Shah Alam High Court yesterday dismissed a bid by Samirah Muzaffar, the wife of Cradle Fund CEO Nazrin Hassan, to challenge a lower court’s order to exhume his body for a second post-mortem.
- Police have been keeping an eye on the cemetery where Nazrin is buried
- Widow can be present at exhumation and bring her choice of pathologist
- Nazrin’s brother, who is a doctor, says the big and deep wound on the deceased’s head could only have been caused by a sharp object
- All six suspects arrested and released on bail are from the widow’s side of the family
The lawyer for the widow, Hisyam Teh, said Justice Ab Karim Ab Rahman ruled in favour of the police and that the second post-mortem will proceed next Monday (Oct 8).
Initial reports that the exhumation would take place on Wednesday (Oct 3) resulted in several reporters staking out the Kota Damansara Muslim cemetery.
However, Nazrin’s elder brother Dr Malek Hassan said the reports were not accurate.
“It’s not on Wednesday,” he said, adding that the exhumation and second post-mortem would be conducted on Oct 8.
It is learned that the police have been keeping an eye on the cemetery since the application for the exhumation was granted by Petaling Jaya magistrate’s court on Monday (Oct 1).
Teh said, initially, the widow sought to quash the Magistrate’s Court order on Monday that allowed police to exhume Nazrin’s remains from his grave for a second autopsy.
The widow claimed the order by the magistrate, Nor Ariffin Hisham, was “bad in law” as he had applied the wrong provision under the Criminal Procedure Code (CPC).
Teh added the judge did not agree with their argument but corrected the magistrate’s order to Section 329 from Section 339(3) of the CPC.
Section 329 touches on the duty of the police to investigate death while Section 339(3) refers to inquest proceedings.
“The magistrate should not have issued the order under Section 339(3) of the KPJ because the section involved the application for inquest, while the case is still at investigation stage.
“In this regard, I corrected the magistrate’s order under Section 329(3) of the same code to empower police to exhume Nazrin’s grave to determine the cause of his death,” Ab Karim said.
The judge set additional conditions which were agreed by the prosecution for a family member (victim’s wife) and a religious representative to be present during the digging of the grave and reburying.
The widow can also bring her choice of a pathologist, subject to the government pathologist’s consent.
The Petaling Jaya magistrate’s court on Monday granted an application by the police to exhume the remains.
The application was made by the police after Malek lodged a report, urging the authorities to conduct a second post-mortem.
He was not satisfied with the Hospital Kuala Lumpur’s pathologist report and alleged that the findings of the first autopsy were flawed.
Malek, who saw Nazrin’s body after the first post-mortem, told The Malaysian Insight he noticed a wound on the left side of the head that was too big and deep to have been caused by a blunt object like a handphone.
“The injury to Nazrin’s head could only have been caused by a sharp object, as the wound was deep,” Malek was quoted as saying.
He said he wants a second post-mortem so that the family can find out the truth about Nazrin’s murder.
Nazrin, who died in a fire at his home on June 14, was found with 30% burns to his body at the upper floor of his double-storey house.
His family previously said his handphone had exploded, causing the blaze. Cradle Fund also issued a statement, saying its CEO died from blast injuries attributed to an exploding handphone being charged next to the bed.
The police classified the case as murder following a forensic examination by the Fire and Rescue Department.
Police have since arrested Samira, a senior executive at the Malaysian Intellectual Property Corporation, her former husband, their two teenage sons, Nazrin’s sister-in-law and her husband. They have been released on bail.
All the suspects are from the widow’s side of the family.
Sept 14, Cradle CEO’s Widow Released
Sept 9, Cradle CEO’s Stepsons Arrested