Selvi v Attorney-General: Coroner's Inquiry & Death in Custody
Selvi d/o Narayanasamy, the applicant, sought judicial review in the High Court of Singapore to compel the Coroner to resume an inquiry into the death of her son, Dinesh Raman s/o Chinnaiah, who died in Changi Prison Complex. Tay Yong Kwang J dismissed the application, holding that the Coroner had the power to decide not to resume the inquiry after criminal proceedings against a prison officer concluded, and that the Coroner did not act unreasonably in deciding not to resume the inquiry. The court found no illegality or procedural impropriety in the Coroner's decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application for leave dismissed.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for judicial review to compel a coroner's inquiry into a death in custody. The court dismissed the application, finding no illegality.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Application for leave dismissed | Won | Tai Wei Shyong of Attorney-General’s Chambers Tan Wen Hsien of Attorney-General’s Chambers Elaine Liew of Attorney-General’s Chambers |
| Selvi d/o Narayanasamy | Applicant | Individual | Application for leave dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tai Wei Shyong | Attorney-General’s Chambers |
| Tan Wen Hsien | Attorney-General’s Chambers |
| Elaine Liew | Attorney-General’s Chambers |
| Eugene Thuraisingam | Eugene Thuraisingam |
| M Ravi | L F Violet Netto |
4. Facts
- The Deceased died while in lawful custody at Changi Prison Complex.
- A prison officer, DSP Lim Kwo Yin, was charged and convicted under section 304A(b) of the Penal Code for causing death by a negligent act.
- The Coroner initially convened a pre-inquiry review but adjourned the Coroner’s Inquiry after DSP Lim was charged.
- The Coroner decided not to resume the inquiry after DSP Lim was fined $10,000.
- The applicant sought judicial review to compel the Coroner to resume the inquiry.
- The applicant argued that the Coroner did not have the power to decide not to resume the inquiry and acted unreasonably.
5. Formal Citations
- Selvi d/o Narayanasamy v Attorney-General, Originating Summons No 753 of 2013, [2013] SGHC 230
6. Timeline
| Date | Event |
|---|---|
| Dinesh Raman s/o Chinnaiah conveyed from Changi Prison to Changi General Hospital | |
| Dinesh Raman s/o Chinnaiah pronounced dead at Changi General Hospital | |
| Autopsy performed on Dinesh Raman s/o Chinnaiah | |
| Associate Professor Gilbert Lau issued autopsy report | |
| Further report determined cause of death to be consistent with positional asphyxia | |
| First pre-inquiry review held | |
| Coroner directed police to prepare bundle of documents | |
| Bundle of documents tendered to Coroner and counsel for applicant | |
| Coroner gave further directions regarding conditioned statements | |
| Conditioned statements tendered to Coroner and counsel for applicant | |
| Coroner informed that a criminal charge would be preferred against prison officer DSP Lim Kwo Yin | |
| DSP Lim charged in the District Court | |
| Pre-inquiry review held; Coroner decided not to resume inquiry | |
| Applicant commenced originating summons | |
| Applicant commenced civil action in the High Court against the government | |
| Application for leave dismissed | |
| Applicant filed a notice of appeal | |
| Reasons for decision given |
7. Legal Issues
- Whether the Coroner had the power to decide not to resume the inquiry
- Outcome: The court held that the Coroner had the power to decide not to resume the inquiry.
- Category: Procedural
- Whether the Coroner acted unreasonably in deciding not to resume the inquiry
- Outcome: The court held that the Coroner did not act unreasonably in deciding not to resume the inquiry.
- Category: Procedural
8. Remedies Sought
- Mandatory order to compel the Coroner to re-open and continue with the inquiry
- Declaration that under s 39 of the Coroners Act, the Coroner has to continue with an inquiry unless a finding has been made by a trial judge
9. Cause of Actions
- Application for Judicial Review
10. Practice Areas
- Public Law
- Criminal Litigation
11. Industries
- Government
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jeyaretnam Kenneth Andrew v Attorney-General | High Court | Yes | [2013] 1 SLR 619 | Singapore | Cited for the three conditions for leave to be granted in judicial review applications. |
| Associated Provincial Picture Houses Limited v Wednesbury Corporation | Court of Appeal | Yes | [1948] 1 KB 223 | England and Wales | Cited for the principle of unreasonableness in judicial review. |
| Manjit Singh s/o Kirpal Singh and another v Attorney-General | High Court | Yes | [2013] 2 SLR 1108 | Singapore | Cited for the standard of review for unreasonableness in judicial review. |
| Biplob Hossain Younus Akan and others v Public Prosecutor and another matter | Court of Appeal | Yes | [2011] 3 SLR 217 | Singapore | Cited to support the argument that the court presiding over a case where the accused person pleads guilty has a duty to evaluate the statement of facts. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 53 r 1 | Singapore |
| Coroners Act (Cap 63A, 2012 Rev Ed) s 39 | Singapore |
| Coroners Act (Cap 63A, 2012 Rev Ed) s 45 | Singapore |
| Coroners Act (Cap 63A, 2012 Rev Ed) s 25 | Singapore |
| Penal Code (Cap 224) s 304A(b) | Singapore |
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) s 230 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) s 3 | Singapore |
| Societies Act (Cap 311, 1985 Rev Ed) s 31 | Singapore |
| Banking Act (Cap 19, 2008 Rev Ed) s 72 | Singapore |
| Chit Funds Act (Cap 39, 1985 Rev Ed) s 57 | Singapore |
| Tobacco (Control of Advertisements and Sale) Act (Cap 309, 2011 Rev Ed) s 33 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Coroner's Inquiry
- Judicial Review
- Death in Custody
- Positional Asphyxia
- Negligence
- Section 39 Coroners Act
- Criminal Proceedings
- Statement of Facts
- Conditioned Statements
15.2 Keywords
- Coroner
- Inquiry
- Judicial Review
- Death in Custody
- Negligence
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Coroners Law | 80 |
| Criminal Law | 70 |
| Administrative Law | 60 |
| Criminal Procedure | 60 |
| Statutory Interpretation | 50 |
| Inquiries | 40 |
16. Subjects
- Judicial Review
- Coroners Law
- Criminal Procedure