KUANTAN: The family of British tourist Gareth David Huntley, who was found dead in Pulau Tioman in 2014, is seeking to overturn a coroner's finding yesterday that his cause of death is undetermined.
They also seek to bar coroner Mohd Zulbahrin Zainuddin from presiding again over a possible second inquest over Huntley’s death, whose body was discovered about a week after he was reported missing on May 27, 2014.
The family's lawyer, M. Visvanathan, confirmed that the family will file the bids at the High Court here over the coroner’s ruling.
At the Kuantan Courts Complex yesterday, Zulbahrin ruled that Huntley's cause of death could not be ascertained due to the decomposed state of the body when found between four to nine days after a missing person's report was lodged.
The 34-year-old's body was discovered behind a chalet at Kampung Juara, Pulau Tioman.
Before going missing, the volunteer was trekking alone to Lubuk Teja Waterfall on the island.
Zulbahrin had also ruled out foul play in the Briton's death.
Sessions court judge Datuk Habibah Mohamed Yusof read out the ruling on behalf of Zulbahrin, who had much earlier been transferred to Kuala Lumpur.
Today, Visvanathan said the deceased's family is very upset with the manner in which the inquest proceedings were carried out and have no confidence in the coroner (Zulbahrin).
He added that the family is so distraught over whole matter that they did not attend yesterday's inquest in order to avoid giving legitimacy to the proceedings.
"If we are allowed a 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 added that they are currently applying to get the Notes of Proceedings to allow them to prepare the proper revision application to the High Court.
According to a statement released by the family, they decry the alleged lack of empathy and sensitivity by the court to them during the entire 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," it said.
The family also lamented over how their application for witnesses to give oral evidence during the proceedings was denied by the coroner, and that they were unable to comprehend proceedings which were conducted in Bahasa Melayu.
Deputy public prosecutor Wahidah Zainal Abidin attended proceedings yesterday.