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The government is proposing a new Coroners Act that seeks to reform Malaysia's investigation framework for reportable, unexplained, sudden, or suspicious deaths. So what problems are the new law trying to solve? And could it change the way justice is served in Malaysia? On this episode of #ConsiderThis Melisa Idris speaks with Dr Noorfajri Ismail, Senior Lecturer of Law (Administration of Criminal Justice) at Universiti Sains Islam Malaysia, and lead researcher for the proposed Coroners Act 2026.
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00:11Hello and good evening. I'm Melissa Idris. Welcome to Consider This.
00:14This is the show where we want you to consider and then reconsider what you know of the news of
00:18the day.
00:19The government is proposing a new Coroner's Act, which seeks to modernize Malaysia's investigation framework
00:26for unexplained, sudden or suspicious deaths.
00:30Now, what problems are the new law trying to solve and could it change the way justice is served in
00:37Malaysia?
00:38Well, joining me on the show to tell us more about it, I have Dr. Nurfajri Ismail,
00:42who is a Senior Lecturer of Law for the Administration of Criminal Justice at University Science Islam Malaysia.
00:48He is the lead researcher for the new proposed Coroner's Act 2026.
00:53So, welcome to the show, Dr. Fajri. Thank you for being with me.
00:57I'm hoping to start our conversation with the basics.
01:00So, I guess most Malaysians, like myself, are more familiar with police investigations as opposed to coronal inquests.
01:10And I wanted to maybe begin with the discussion of what the role of a coroner is.
01:18What does the coroner do and why is it important that we have this proposed Coroner's Act?
01:24Alright. Thank you, Melissa.
01:26Okay, what does coroner do?
01:28Okay, a coroner is an independent judicial officer in which responsible for investigating certain categories of death,
01:38particularly those that are sudden and unexpected, suspicious, violent or occur in custody or where the cause of death is
01:47unknown.
01:49So, in terms of the investigation system, the coroner actually examined all available evidence in an inquisitorial system.
02:02In contrast with the adversarial system that we have here in Malaysia, meaning that the coroner as a judge with
02:11legal background
02:13will conduct investigation as a fact finding exercise for him or her in which it will include the police investigation,
02:23all medical records, the forensic reports and witness testimony just to establish the identity of the disease
02:31to determine when, where, how and in what manner or in what circumstances in which the death occur.
02:39Okay. If I may quickly interrupt you, one thing that I didn't realise until, you know, I was researching for
02:46this interview was
02:47I didn't realise that a coroner needed to, was a legal officer, but needed to have a legal background.
02:53I assumed that it would be a similar role to maybe the medical examiner.
02:58So, talk to me about the difference because I think in this respect, the American TV series have really distorted
03:05our view
03:05of what a medical examiner is versus a coroner.
03:09Okay. The difference between the Malaysian coroner and the coroner that we used to know in the US, for example,
03:16from CSI, whatsoever, because we inherit this from the common law system.
03:22In which from the common law system, UK and other countries including Malaysia, the coroner are among the legal practitioner.
03:33But this is different compared to the civil law system, which is actually US, for example, in which they have
03:40the medical practitioner as the coroner.
03:43Okay. So, this actually depends on two different legal systems in which we inherit very much from the British system.
03:53And Dr. Fajir, you said that the coroner serves almost as a judge?
03:58Yes.
03:58Okay. Can you elaborate what you mean by that?
04:00For example, the coroner in UK and the coroner in Singapore, they are the judges in which they have the
04:07legal background
04:07with certain relevant experience, they came from, maybe they are from the barister before, equivalent to advocate and solicitor.
04:17But normally, they are very specialized due to the fact that they have been there for quite some time.
04:23Because the coroner in UK established, I think, during 1192.
04:29Yeah. They have the Coroner's Act since then.
04:32And then they have a series of law reform in terms of their coroner's law.
04:37I think the last one, the last time is 1984, 1988.
04:42And later, they have a Coroner's Injustice Act in 2009, which came into effect in 2012.
04:49So, the development of the coroner's law in UK actually strengthened their institution.
04:56So, that's why if you ask me what the coroner did was they actually complement with the police investigation.
05:04They complement in which the initial investigation will be conducted by the police.
05:09But along the way, for example, in terms of the control of the body, in terms of to decide whether
05:14the body need to be sent for post-mortem,
05:16the coroner will make such a decision.
05:18That is in UK.
05:20Whereas in Malaysia, there is a quite different setting.
05:24Because in Malaysia, all this while, the law pertaining to the coroner's investigation can be found in our Criminal Procedure
05:32Code.
05:34Our Criminal Procedure Code, the name is actually criminal in nature,
05:39is very general in which it touches on the criminal aspect.
05:46Investigation, prosecution, arrest, search, which is criminal in nature.
05:52Right.
05:52But the coroner's investigation, they are not looking into the criminal liability.
06:00Okay.
06:00What are they looking into?
06:01They are looking into the all facts surrounding circumstances that lead to the death of the disease.
06:08Okay.
06:08Because to answer, especially in terms of sudden, unexpected, violent, for example, in which even the police cannot identify who
06:18is the real perpetrator.
06:20So, to make it short, coroner is not the criminal detection device compared to the police.
06:26Okay.
06:26Right.
06:27That's very clear.
06:28Thank you so much for that.
06:29Now, I have a question about the Criminal Procedure Code.
06:32Okay.
06:32Why do we need a new law?
06:34Why can't we just amend the current framework, the CPC?
06:37Okay.
06:38That is a very important question.
06:40It is not about fixing the broken system, but it is actually to modernize and strengthen the law.
06:49Yes, it is true that Malaysia already has a legal framework for the investigation of unexplained and reportable death.
06:57Okay.
06:57But primarily, it is under the Criminal Procedure Code.
07:01The relevant provision can be found under part 8, in which special provision, it is under special proceeding, chapter 32,
07:10but only contain 14 section, which is very brief under section 328 until section 341A, in which those provision had
07:20served the country for many years and have enabled coronial inquiries to be conducted when necessary.
07:26But however, as I mentioned to you just now, CPC was enacted principally to regulate criminal investigation.
07:35Already in the name.
07:36Yeah, and criminal proceeding.
07:40So, even the term of coroner, you cannot find it in our CPC.
07:44Oh, it is not mentioned?
07:45It is not mentioned at all.
07:47Because all this while, it is vested upon the magistrate.
07:51Yeah, the magistrate under section 9F of the CPC, it is under their criminal jurisdiction to investigate the death.
08:00Right, but we have a coroner, the job role of a coroner exists in the Malaysian system, right?
08:05Only until 2014, when the government decided to introduce the coroner's court and to introduce the special post of the
08:16coroner, one coroner for each state now.
08:21So, there are changes in terms of the special court that is there now, in place.
08:26However, the law is still the same.
08:27Okay, so that's why we need to have a specialized punca kuasa, which is to just to make sure everything
08:38is clear.
08:39Okay, so tell me about this punca kuasa.
08:41Tell me about the new, the proposed coroner's act 2026.
08:46What is it proposing?
08:47Okay, there are a few segments, a few parts of it.
08:53And I think first and foremost, this act tried to establish that the coroner's act or the coroner's court in
09:01Malaysia, the institution itself is independent, which is considered to be complement to the judicial system.
09:10But it is something within their own category of court.
09:15Independent from whom?
09:17Independent from independent from executive, independent from executive, meaning that the police, for example, because all this while we know
09:25that the police will only refer to the coroner once they completed their investigation.
09:32And this may take years, for example, may take some time.
09:37By having the new coroner's act, we would like to enhance the powers and jurisdiction of the coroner to make
09:43it compulsory for the police to refer to the coroner even to the earlier stage of the investigation.
09:50So this is the ideal setup.
09:52Even in UK, for example.
09:55For example, if let's say that they knew that the patient are going to die a few days before, the
10:03hospital already notified the coroner.
10:04Before they notified the police in UK, because of the control of the body, the control of the disease, for
10:12example, will be under the coroner in UK.
10:17To release the body for burial or for cremation also under the coroner in UK.
10:23But in Malaysia, it's different setting because everything is under the police, meaning that the police will handle investigation.
10:27The police will decide whether the body needs to be sent for cremation or burial.
10:32The police will decide whether there is a need or not for post-mortem.
10:37So, the police will decide?
10:39Currently, the police will decide.
10:40Whether there is a need for a post-mortem.
10:44Because under the law, under our current law, CPC, the police may exam certain...
10:49In some cases, they have the provision that they can exam anybody to be sent for a post-mortem.
10:58If they're satisfied that there is no foul play, for example.
11:02But this is not the case in UK and in Singapore.
11:06Even in our neighboring country, they have a coroner's act 2010 in Singapore.
11:10So, the coroner will have the say, for example, the control of the body.
11:14Why is it important that the coroner is referred to in the early stages of the investigation?
11:21Okay.
11:24Well, I think because of the office itself, because coroner is an independent party.
11:34Because it is actually independent parties and it is the court actually that will take active role for this.
11:43So, somehow or other, it will restore the confidence of the family members.
11:50And also the public perception.
11:53Definitely.
11:53So, the family members who may want answers.
11:57Having a coroner involved in the early stages, especially in every step of the way,
12:02will maybe give them peace of mind.
12:05Yes.
12:05That there is...
12:06The closure, for example.
12:07There's closure.
12:07Okay.
12:08So, now let's talk a little bit about the other proposals under this act.
12:12So, you talked about the independence.
12:14Okay.
12:14Maybe talk a little bit about the modernizing of the...
12:18This is to, I guess, adapt to some of the changes in the modern times.
12:23Yeah.
12:25Actually, we do not have any central database for the coroner's investigation now in Malaysia.
12:31We do not know actually how many cases, how many death cases being investigated so far.
12:37There is no centralized coroner information system.
12:40So, by having the...
12:42To have a modernized...
12:44A modern institution of corona, we need to have the central database,
12:50Like what we have in Singapore, and what we have in UK, for example,
12:55To ensure that there will be some sort of report that...
13:01Some sort like we have for Suhaqam.
13:04Suhaqam have annual report yearly that will be tabled to parliament.
13:08So, we should have the same.
13:10So that the parliament will have a knowledge every year in terms of how many cases being dealt with by
13:17the coroner.
13:17So, in other words, we need to have a central reporting system.
13:23We need to have even the post of chief coroner to take care of the administration of the act
13:31and to ensure that each and every inquest inquiry or each and every death cases being reported
13:38need to be recorded properly.
13:42What kind, what types of deaths would trigger a coroner inquest?
13:51Alright, currently, we have four.
13:54For example, it is actually under the section 329 of the CPC,
14:00in which there are a few cases if this case, if this one of cases when they lodged the police
14:08report
14:09and when the police receive this kind of information,
14:12first, the person committed suicide,
14:15secondly, whether they are killed by another or animal or machinery or by an accident, road accident, for example,
14:20or the person has died under the circumstances raising a reasonable suspicion.
14:26And I think most popular one would be whether a person has died sudden death.
14:33And also, if the body of the person has been found and it is not known how he came by
14:38his death.
14:39So, actually, the five category.
14:44But, this category need to be some sort of recalibrate under the new act.
14:51So, to make it like a reportable death.
14:54So, from five of this type of death,
14:57we are going to reclassify into a few deaths in which what we call as reportable death.
15:06Reportable death meaning that to make it mandatory for others to lodge the report or to give the information,
15:17for example, death in police custody or prison.
15:19I was thinking the same.
15:20So, it will be an obligation.
15:23In Singapore, they call it an obligation for the parties if they knew that there is a death in police
15:29custody
15:30to lodge the report and it is a mandatory for the police as well as the coroner to hold an
15:37inquest.
15:38Others, we can see that the death during law enforcement operation.
15:44This is also very important, for example, if there is a death in party during immigration rate, for example.
15:52Okay.
15:54Apart from that, sudden unexplained death, violent, suspicious death, industrial or workplace,
16:00So, actually quite a broad category.
16:02Can you, Dr. Fajri, maybe give us examples of how, of a case, of a recent case,
16:10some of the controversial recent cases,
16:12that might have been good for us to have had this coroner's act.
16:16I'm just wondering, would having this act in Malaysia have changed some of the ways
16:22the most controversial cases have been dealt with or handled?
16:25I'm thinking everything from Zahra, Karina's case, to Teo Benghok, to Mohamad Adid.
16:32These are some of the cases that really maybe could have benefited from us having a coroner's act, do you
16:37think?
16:38Okay.
16:39All right.
16:40Okay.
16:41It's a tough one.
16:42I put you on the spot.
16:43Tough one.
16:43Yeah, tough one.
16:44Okay.
16:45I think the most important part is the public, I think their knowledge towards this subject,
16:53coroner's investigation, has increased.
16:57I think after the Teo Benghok case, I think 2008, something like that.
17:03And up until today, right?
17:05And later, we have Zahra, Karina.
17:07We have series of other sudden deaths in which are unexplained.
17:13And why this is very important?
17:15Because there are a few cases in which shows in terms of in which the family members,
17:23their rights are still vague because it is not contained in the act.
17:30They are right to know, they are right to participate in the proceeding.
17:36They are right to even to request for a second post-mortem, for example,
17:42because sometimes they have difficulties in terms of looking for second expert opinion.
17:49So what that they can do now, they will go to the court, high court particularly,
17:54under the civil suit to get the court order for that.
17:58because it is not under our law.
18:02Oh, so actually, I'm thinking about bereaved families.
18:06Yes, the bereaved families.
18:07With a coroner's act, will, as you say, give them, uphold some of their rights?
18:11Can you tell me a little bit about that?
18:13What are their rights and what is their role during a process, actually?
18:16Okay, the most important part, we must remember that in terms of the death investigation,
18:23it is a fundamental right of the person, right to life.
18:27So, meaning that when it comes to right to life,
18:30the state must ensure that the rakyat's life to be protected.
18:36And apart from that, the family members have also the right to know, for example,
18:40if in the event that their family members died, for example,
18:47that the investigation has been effectively, efficiently, take place.
18:53So, there are a few instances in which it is quite, I can say, that the lacuna in law in
19:03terms of their rights.
19:04For example, their rights to get to know what happened, actually, during investigation.
19:10Secondly, even where, whether they have been informed in the first place, where the body is, for example.
19:18Of course, there is a standard operating procedures, even IGSO for the PDRM, for example,
19:24for the body to be, for the family member to be called.
19:28So, but at the same time, I think in quite a number of cases,
19:32we come across in which the family having difficulties even to participate in the inquest.
19:37Because they do not have the right up until they can show to the court
19:41that they are the properly-interested parties.
19:44So, that is not something which automatic, the right is not automatic in nature.
19:48Because the nature of the inquest, the coroner, it is under the coroner's discretionary powers.
19:55So, meaning that, the coroner may decide.
19:57So, the right to be informed, the right to participate, the right to get all the information.
20:04Must be heartbreaking for the families.
20:06Yeah, heartbreaking for the families.
20:07We must also remember that under the British law,
20:11one of the main interlocking aim of the coroner's investigation is actually to
20:15to give some closure to the brief, especially for the family members.
20:21And in some of the countries, let's take, for example, in Australia,
20:26the coroner's court as well as the hospital that actually conduct the post-mortem
20:32are actually quite near, even in one building.
20:35For example, in Melbourne, for example.
20:37So, meaning that, they have the brief family support service to the certain extent.
20:43They have the...
20:45So, this is something in which we are looking into so that we can incorporate their role
20:52and to establish and to recognize their important...
20:57What a compassionate system, right?
21:00That is very rights-based and I think quite compassionate for the bereaved family.
21:05So, we have this law and hopefully we will see it pass and implement this framework
21:11that could benefit many people.
21:13Where do you see the challenges in getting this passed and in implementing the proposals in it?
21:23Yeah, I think first and foremost will be the budget-wise.
21:26Oh, okay.
21:27This will require setting up the office of the chief coroner.
21:30Yes, it will require issues in terms of budget,
21:35issues in terms of human resources as well.
21:37But I think I've been informed that we need to ensure that whatever that we want to recommend,
21:44it will be within the current setting.
21:47So, yeah.
21:50And actually, in terms of the training of the current coroners.
21:54What do you mean by that?
21:56As I mentioned to you that currently, because of the current provision is contained under the criminal procedure,
22:03and as I mentioned to you that coroners are actively involved in inquisitorial system,
22:11now we have the judges in which they are handling the matter as if it is in a criminal setting.
22:18Meaning that there will be some issues in terms of the practice and procedure.
22:28Yeah, so because of their background, most probably.
22:31Okay, I understand.
22:31Years of experience in criminal court, for example, and now they are doing the inquiry.
22:35So you need to reframe some of the lens and the mindset.
22:40I have a question about whether you expect there to be any pushback from this law.
22:45So we talked about the implementation challenges,
22:47but could there be quarters who might not agree with having a new coroner's act?
22:56Well, okay.
22:59I think as far as I'm concerned, this is not new.
23:04The idea of having a new act is not new.
23:07Even in 2004, at least 2004, when the first recommendation by the Royal Commission of Police,
23:12is the Tuan Zahidin Report, in which the Royal Commission report recommended for a specific and special act.
23:23So it's been a long time ago.
23:25Yeah, a long time ago.
23:26So people know about it and hopefully there won't be any pushback from different quarters.
23:31Last question for me, do you think that coronial recommendations ought to be legally binding?
23:36You talked about coroners being almost like judges, right?
23:41Should it be considered legally binding?
23:45Legally binding?
23:46Okay, that is a tough question as well.
23:48Because even in UK, they are doing stage by stage.
23:53In 1988 up until 2009, when the coroners being entrusted to give a recommendation,
23:59it is just to give recommendation and it is not compulsory for the institution to respond.
24:04But from 2012, when they gave recommendation, it is compulsory for the institution,
24:10the affected institution to give the response.
24:12But whether it is binding or not, it is still up to the authority.
24:17Okay, so let me rephrase my question.
24:19Do you think that agencies should be required to explain publicly
24:25why a coroner's inquest recommendation is not adopted or taken into consideration?
24:30I think they should.
24:31Yeah, I think they should.
24:33Alright, so maybe we swap the legally binding part to that explanation.
24:37Well, Dr. Fajri, thank you so much for coming on the show
24:39and explaining this new proposed act.
24:42I'm very excited to see it being tabled in parliament
24:45and hopefully we will get a coroner's act in Malaysia, not too far away.
24:51InsyaAllah, thank you.
24:51Thank you for your time.
24:52That's all the time we have for you on this episode of Consider This.
24:55I'm Melissa Idris, signing off for the evening.
24:58Thank you so much for watching.
24:59Good night.
25:01Bye.
25:02Bye.
25:02Bye.