SHAH ALAM: The High Court today 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 next week.
Lawyer for the widow, Hisyam Teh, said Justice Ab Karim Ab Rahman ruled in favour of the police and that the post-mortem will proceed next Monday.
“But the court also gave an order for her and a religious scholar to be present at the post-mortem process.
“She can also bring her choice of pathologist, subject to the government pathologist’s consent,” he said.
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 post-mortem.
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 police to investigate death while Section 339(3) refers to inquest proceedings.
Selangor Criminal Investigation Department chief Fadzil Ahmat said his officers applied for an order to exhume Nazrin’s remains, after Nazrin’s brother lodged a police report last week.
He said the late CEO’s family was not satisfied with the Hospital Kuala Lumpur’s pathologist report.
Six individuals, namely the widow, the widow’s ex-husband, Nazrin’s two stepsons, his sister-in-law and her husband were remanded for investigations over his death.
However, all were subsequently freed.
Nazrin’s death was reclassified as murder instead of sudden death after a forensic report from the fire department said traces of gasoline were found at the scene.
He was found dead after a fire broke out at his Mutiara Damansara house on June 14.