THE STANDARD OF PROOF IN INQUESTS: LESSONS FROM MALAYSIA AND OTHER JURISDICTIONS

Abstract

An inquest, also known as inquiry of death in Malaysia, is governed by the Criminal Procedure Code (CPC). The main objective of an inquest is to investigate the cause of death. However, the lack of established procedures in Malaysia to guide coroners in conducting inquests has created many ambiguities. These ambiguities are demonstrated in numerous cases where decisions have been reviewed on a variety of grounds. One of the critical issues not addressed by the CPC is the standard of proof applicable in inquests. This article aims to study the correct standard of proof to be applied by the coroner at the end of an inquest proceeding. The focus is on the relevant standard of proof at the end of an inquest in Malaysia, the United Kingdom, and Australia. The research methodology is doctrinal legal research using comparative study. It is found that the standard of proof applied in Australia is settled, that is on the civil standard of balance of probabilities. The development of applicable standards of proof in inquests in Malaysia and the United Kingdom is observed in case law, which shows a shift from the criminal standard of proof to the civil standard of proof. The authors propose that specific legislation be enacted to govern the coroner’s court in Malaysia, in order to provide a clear and definitive legislative framework as well as guidance in the practice and procedure for coroners, including the issue of standard of proof.