GEORGE TOWN: The High Court here has upheld the open verdict recorded by the coroner in the death of Australian national Anna Jenkins, saying there was no conclusive evidence to classify her death as homicide.
Justice Rofiah Mohamad said the court was confined to the evidence already before it and could not act based on speculation.
“It cannot be denied that homicide is a serious allegation to be considered by the coroner.
“Although there could be external parties involved, it remains only speculation. There is merely a stone suspicion, and there is no evidence to prove it,” she said.
Rofiah described the situation as “really unfortunate” but said suspicion alone was not enough to classify the death as homicide.
She noted that the coroner had said she was “not in a position to conclusively say it was homicide”.
Rofiah said the court had no choice but to maintain the open verdict, but called for investigations to continue.
She said the prosecution was free to give further instructions as regards how those investigations should proceed, particularly at the location where Jenkins’ remains were found, in line with the Criminal Procedure Code.
Jenkins went missing in 2017 while on holiday in Penang. Her remains were found near a bungalow site in 2020.
The coroner issued an open verdict in 2023, leading the Jenkins family to seek a revision.
