Cheah Chin Lee’s aunt, Leanne Cheah, says the family might sue over Chin Lee’s death in 2012. With her are lawyer M. Visvanathan and other family members. – The Malaysian Insider pic by Hasnoor Hussain, January 21, 2015.The family of Cheah Chin Lee, who died in police custody in August 2012, may sue the government after the court objected to their lawyer's submissions at the inquest on the death.Cheah's aunt, Leanne Cheah, said the family did not want to waste time and energy if the inquest was not going to hear their lawyer's submissions and deny their application to access the court's records and transcriptions (CRT).The family's situation was akin to hitting one's head against a brick wall, Leanne said."We are unhappy with the situation. We will review the evidence we have so far and consider if we want to file a civil suit against the government."We will make that decision as soon as possible," she told reporters in Penang today.Chin Lee, 31, died in the Tanjung Tokong police station lock-up on August 13, 2012, after he was arrested for allegedly stealing a motorbike.The family has also discharged their lawyer M. Visvanathan, who informed the Coroner's Court earlier today that he would no longer be representing the family in the inquest.Visvanathan, who had represented Chin Lee's mother Lim Gaik Suan in the inquest since early 2013, said if the family were confident they have a case to file against the government, he would act on their behalf if they retained him as their legal counsel.Asked if they would wait for the Coroner's Court to first come to a conclusion in the inquest before deciding on a suit, he said the family did not have a lot of time left.The suit must be filed within three years of the incident due to the Limitation Act, he said."August 12 this year will be the last day to file the suit. Limitation expires on August 13," he said.Visvanathan also described the inquest, which is still ongoing at a George Town Magistrate's Court, as "strange".He said his role as counsel was limited and narrowed after he was not allowed to present his submissions."It is a strange situation in this case with the court not allowing submissions or access to the CRT."This has not happened before. Even in Teoh Beng Hock's case, they were allowed."In my view, an inquest should be an open and transparent investigation. Only then would the public have confidence in the system."Visvanathan also said all inquests should be conducted in the same manner in all courts."Why did the court depart from the procedure to allow submissions in this case? We were told to wait until the inquest was over, and then submit our applications for the court to decide."It is as if it is all up to the discretion of the individual coroner... that is not right. The system should be same for all inquests."What is wrong about the counsel making submissions after the witnesses have testified? The court can listen to my submission. It is up to the court whether it accepts my views and arguments or not," he said.When his application to make submissions and to have notes of evidence and the CRT of the inquest were not allowed by coroner L. Umma Devi last year, Visvanathan appealed to the Penang High Court for a revision.But on November 6, a High Court ruling by judicial commissioner Datuk Noordin Hassan upheld Umma Devi's decision.Visvanathan then took the matter to the Court of Appeal but was told last month that since the inquest was still ongoing, he could only make his applications at the end.The inquest was scheduled to proceed from today until Friday. When asked if the family would still attend the proceedings now, Leanne said they would go if they were subpoenaed. – January 21, 2015.
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