If the responsible CORONER(Magistrate) has yet to ACT on receipt of report of this death - Action ought to be taken against the said Coroner?
Besides the police investigating the death, the Coroner independently ought to inquire into the death - 'A Magistrate holding an inquiry shall inquire when, where, how and after what manner the deceased came by his death and also whether any person is criminally concerned in the cause of the death.' s.337 Criminal Procedure Code.
If you made a police report - then, now in Malaysia, on request, the police is duty bound to provide you with a status of the investigation of the offence....
107A Report on status of investigation (Criminal Procedure Code)
(1) Any person who has given information under section 107 may request for a report on the status of the investigation of the offence complained of in his information from the officer in charge of a police station where he gave the information.
(2) The officer in charge of a police station shall give a status report on the investigation of such offence to the informant not later than two weeks from the receipt of the request made under subsection (1)....
And, if the police do not give you the status report ...report to the Public Prosecutor, and you will get the status report...
In the case of the death, possible MURDER, the victim went missing from a student accommodation, and his body was found in a SURAU. Did the police fail to find any witnesses or evidence, CCTV footages, etc...? This raises the questions of the COMPETENCE of the Malaysian police - do we need better and more professional police with required investigating skills.(4) Where a request has been made under subsection (1) and the officer in charge of the police station has failed to furnish the informant with a status report within the period specified in subsection (2), but subject to subsection (3), the informant may make a report to the Public Prosecutor of the failure.
(5) Upon receipt of the report under subsection (4), the Public Prosecutor shall direct the Officer in charge of the Police District to furnish him with a detailed status report on the investigation that has been conducted by the police in relation to the offence in the information given by the informant.
(6) The Public Prosecutor shall cause to be furnished to the informant, or direct the Officer in charge of the Police District to furnish to the informant, a status report containing such information as may be directed by the Public Prosecutor.
Was there lesser attention placed because this was no 'important' person - just an ordinary Malaysian? The Home Minister and PM ought to look into this.
NFA(No Further Action) does not mean the investigations are closed - rather 'temporarily stayed' until further evidence emerges. This happens when the police has done its best to investigate and reasonable time has passed, and they are not making any progress...
Problem now, is that many people who report crimes, even small crimes that their neighbor had trespassed into their property and built fences - a crime that is obvious, and the police can act - but then, the police tell them 'NFA" and tell them to go court, etc... This NFAs is a problem, and it pushes people to lose trust in the police and law enforcement - and resort to 'SELF HELP', which is dangerous and may lead to the breaking of laws - worse when it happens by reason of police or law enforcement failure to act and resolve problems..
Whether the victim is a 'small' person or a celebrity/politician, the police and law enforcement need to ACT and resolve the violation of law effectively - hence restoring public confidence in the law and law enforcement.
In the case of Atif - did the police use maximum effort to find the culprits. Did the police go around on foot and meet people trying to find witnesses at the hostel, on the way to the Surau or at the Surau? Did they appeal or make a public appeal in their quest to find witnesses? Did they check all CCTV cameras between the hostel and the Surau where the body was found.
CORONER's inquest is important - but more important is for the POLICE to exercise its BEST EFFORTS to find the culprits or potential suspects...
The lacksadical attitude in investigating missing persons can cause the police to be guilty of ENFORCED disappearance..
Should not failure of police to properly investigate a CRIME also be made a CRIME with a deterrent sentence?
Summary
Family members, rights groups, and Petaling Jaya MP Lee Chean Chung highlight the lack of updates on the investigation of the death of a 20-year-old student in Mersing, Johor, three years ago.
They say the authorities’ perceived lack of action is unacceptable and urge them to act immediately.
Family members of the late Atif Abu Bakar, a 20-year-old industrial trainee allegedly beaten to death by unknown assailants in Mersing, Johor, three years ago, are seeking urgent updates to their application for an inquest.
Petaling Jaya MP Lee Chean Chung, together with representatives from Eliminating Deaths and Abuse in Custody Together (Edict) and Teoh Beng Hock Association for Democratic Advancement, today raised the family’s plight at a press conference in Parliament.
“We urge the government, particularly the Attorney-General’s Chambers, to take immediate steps to uncover the truth and ensure that justice is served to Atif and his grieving family,” said Lee who read a joint statement prepared by the two organisations.
According to the groups, Atif, a student at the Mersing Industrial Training Centre went missing from his student accommodation on Dec 18, 2022, and his body was discovered the following day at a surau in Mersing.
A post-mortem determined Atif’s cause of death as “traumatic asphyxia” with 53 marks of injury, leading the family to believe he was beaten to death by unknown persons.
Met later, Edict executive director M Visvanathan, who is also representing Atif’s family, said the perceived lack of action by authorities is unacceptable.
“If you write to tell us the inquest will be conducted in November, why has it not been conducted yet?
“It has been over two years since the incident, so how long more?” he said.
The family’s revision application at the Johor Bahru High Court to compel an inquest into the death was filed after the police allegedly refused to investigate the case. - Malaysiakini, 27/2/2025
MP calls for inquest into 2022 death of industrial trainee
- Nation
-
Thursday, 27 Feb 2025
KUALA LUMPUR: A Member of Parliament has called for an inquest without further delay over the death of industrial trainee Muhammad Atif Abu Bakar in December 2022.
Petaling MP Lee Chean Chung said the Attorney General's Chambers had indicated that an inquest would be held via a letter dated Nov 17 last year to the lawyers representing Atif's family.
However, Atif’s father Abu Bakar Ja'afar has yet to receive any communication from the authorities about the inquest, Lee told a press conference here on Thursday (Feb 27).
He said the inquest under the Criminal Procedure Code should be conducted immediately as the family must be told of the circumstances of Atif's death.
On Dec 18, 2022, the body of 20-year-old Atif was found in a surau in Mersing, Johor.
A post-mortem determined the cause of death to be traumatic asphyxia, with 53 marks of injury found.
“Atif's family believes that he was beaten to death by persons unknown," Lee said, adding that they initially hoped the police investigation would shed light on the matter.
He said that after waiting for two years, the family had not received any updates from the police and claimed the case had been classified as "no further action" or NFA without a clear explanation given.
Lee added that failure to resolve the case constituted a breakdown in the administration of justice.
The family made a High Court filing in Johor to compel the inquest, but the application was dismissed and the matter is now before the Court of Appeal, he said.
NGOs Eliminating Death and Abuse in Custody Together (Edict) and Teoh Beng Hock Association for Democratic Advancement (TBH-ADA) were also at Thursday's press conference. - Star, 27/2/2025
A 22-year-old student was found dead in a surau in Mersing, Johor, on Dec 19, 2022, a day after going missing from his hostel.
There were 53 injuries on Muhammad Atif Abu Bakar’s body.
The death was caused by traumatic asphyxia (pressure on the chest) disrupting the blood flow from the heart.
After more than a year and a half of police investigations, the family was finally informed that no further action would be taken.
They were also advised to refer the case to a magistrate as the police have decided not to pursue the matter further.
For the victim’s family, this decision was unacceptable.
Travelling more than 350km from their home, they held a press conference in Petaling Jaya today with their lawyer and the human rights NGO Eliminating Deaths and Abuse in Custody (Edict) to demand justice.
‘It can’t go on like this’
Suspecting that Atif was beaten to death by a crowd, Abu Bakar Ja’afar, 62, said his late son deserved justice, even though he was alleged to be mentally unstable during the incident.
“But this case has dragged on for far too long, and we don’t know what’s happening. The hostel (management) didn’t inform us of anything, they just told me to get the reports (related to Atif). I went everywhere, but it’s all silent, no updates.
“I want to know the cause of my son’s death. With all the beating marks, the forensic report after the post-mortem stated that his death was caused by pressure leading to a lack of oxygen.
“So, who caused that pressure? I want to know,” he said.
Abu Bakar said he had trusted the police and left them to conduct the investigation.
“But it’s almost two years now. My eldest son said it can’t go on like this, remaining silent. I was told that nine to 10 people had been arrested.
“I firmly believed the police would help me, but I’ve been waiting, and still, there’s no decision. It’s just silence,” he said.
Mentally unstable?
Recalling the tragic incident, Abu Bakar said that on the day of the death, Atif had called him, asking to be picked up from the hostel the following day.
However, Atif left the hostel earlier and was found dead in the Surau Taman Wawasan - about 15km from his hostel at the Mersing Industrial Training Institute.
Meanwhile, Atif’s brother Muhammad Aiman, 32, said the police previously informed the family that his brother was mentally unstable during the incident.
He said he was told that the deceased had removed his clothes, disturbed the public, and kicked passing motorcycles before disappearing into the forest in Mersing.
After searching all day, the victim was eventually found in Surau Taman Wawasan - about 15km from his hostel at the Mersing Industrial Training Institute.
According to the family, although investigations and arrests were made shortly after the death, there had been no further developments until they were recently asked to file a new police report.
The report was made on Sept 15, 2024.
On the same day, the police concluded that no further investigation would be conducted, and the complainant was advised to refer to the magistrate.
They had not made a report earlier because they believed the authorities were already taking the necessary measures.
‘Cops don’t know the law’
Meanwhile, the family’s lawyer, M Visvanathan, questioned the police’s actions almost two years after the incident.
He said the police’s requests for the family to refer to a magistrate for further action also demonstrate they “don’t know the law”.
Under Section 13 of the Criminal Procedure Code, when there is a suspicious death or if the cause of death is unknown, the information must immediately be conveyed to the magistrate or coroner for action.
“So, in this case, the police don’t know the law,” said Visvanathan, who is also from Edict.
He also urged the police’s Integrity and Standard Compliance Department to take action against the officers involved in the investigation for allegedly not performing their duties according to the law.
Malaysiakini is attempting to obtain clarification from Johor and Mersing police regarding the family’s claims. - Malaysiakini, 25/9/2024
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