Family to appeal against coroner’s finding on Briton’s death

KUANTAN: The family of deceased Briton Gareth David Huntley seek to overturn a coroner’s finding that his cause of death is undetermined.

They also seek to bar coroner Mohd Zulbahrin Zainuddin from presiding again over the inquest of Huntley, who was found dead at Pulau Tioman about a week after being reported missing on May 27, 2014.

The family’s lawyer, M. Visvanathan, yesterday confirmed that the family would file the application at the High Court over the coroner’s ruling on Friday.

At the Kuantan Courts Complex two days ago, Zulbahrin ruled that Huntley’s cause of death could not be determined due to the decomposed state of the body when found between four and nine days after a missing person’s report was lodged.

The 34-year-old was found behind a chalet in Kampung Juara on the island.

Before going missing, the victim was trekking alone to Lubuk Teja Waterfall on the island.

Zulbahrin also ruled out foul play in the death of Huntley, who was born in Bradford, the United Kingdom.

Sessions Court judge Datuk Habibah Mohamed Yusof had read out the ruling on behalf of Zulbahrin, who had been transferred to Kuala Lumpur.

Yesterday, Visvanathan said the deceased’s family were very upset with the manner in which the inquest proceedings were carried out and had no confidence in Zulbahrin.

He said the family, especially Huntley’s mother, Janet Southwell, were so upset with the matter that they did not attend Friday’s inquest.

“If we are allowed revision (by the High Court over the coroner’s findings), then we do not wish for this coroner (Zulbahrin) to rehear the matter,” said Visvanathan.

He said they were applying to get the notes of proceedings to allow them to prepare a revision application to the High Court.

A statement released by the family said they decried the alleged lack of empathy and sensitivity by the court during the proceedings.

“You have criticised us for not attending every session of this hearing,” read the statement.

“I wonder whether you, as a judge, have given any thought to the difficulties any family might have about attending a court in a country thousands of miles away.”

The family also lamented how their application for witnesses to give oral evidence during proceedings were denied by the coroner, and that they were unable to comprehend proceedings, which were conducted in Bahasa Malaysia.

“Given our lack of faith in the manner in which this hearing has been conducted, in light of the fact that we believe it to be a sham and a whitewash, we have concluded that attending court would give credence and weight to the proceedings, and this we are not prepared to do,” read the statement.

Deputy public prosecutor Wahidah Zainal Abidin attended Friday’s proceedings.