Court: Govt doctors' post-mortem examination duty owed to state, not families

The Court of Appeal has ruled that government doctors performing post-mortem examinations owe a duty of care to the state, not the families of the deceased. The three-judge bench determined that the legal responsibility for such procedures falls on the government, rather than individuals. The decision was made after dismissing an appeal by Joseph Anthony over the handling of his son Sebastian's post-mortem examination and subsequent police investigation into his death.

Sebastian, a medical doctor at the time, was found dead at his quarters in Langkawi in November 2010. Dr. Muhamad Arif Mohamad Rasat, a government medical officer, conducted the first examination, which recorded the cause of death as "unascertained." Several years later, an application was made for a second post-mortem, which was granted.

Joseph sued various parties, including Dr. Arif, alleging that he was not qualified to perform the first examination and that there was a conflict of interest due to their previous professional relationship. However, the court dismissed these claims, stating that there was no legal proximity between Joseph and Dr. Arif to establish a duty of care.

The court also noted that Sections 330 and 331 of the Criminal Procedure Code do not require a post-mortem to be conducted by a pathologist or an expert in pathology; merely a government medical officer is required to perform the examination as prescribed by law. The court further dismissed claims of misfeasance in public office against Dr. Arif and the inspector responsible for the police investigation, stating that there was no evidence to suggest they acted with malice or indifference to the abuse of power.