SHAH ALAM: Lawyers representing the family of Muhammad Adib Mohd Kassim today filed an ex parte application against Attorney-General (AG) Tommy Thomas, claiming he was in contempt of court over an affidavit by the Attorney-General’s Chambers (AGC) stating how the fireman had died, ahead of the Coroner’s Court ruling on the matter.
The family is upset that the AGC, in an affidavit to the Court of Appeal to answer an application by the Seafield temple task force to join the inquest earlier this year, had said Adib’s injuries or death were not caused by being beaten up.
“The coroner has yet to decide (on the cause of Adib’s death) but they have already said what this is before the findings of the Coroner’s Court,” counsel Mohd Zubir Embong told reporters on the sidelines of the inquest, which entered its 41st day today.
The application was made this morning through the court’s e-filing system by Zubir’s law firm.
A copy of the application had been served on a representative of the attorney-general, deputy public prosecutor Faten Hadni Khairuddin, who is a conducting officer in the inquest, this afternoon, he said.
He said coroner Rofiah Mohamad would fix a date for the ex parte application to be heard.
An ex parte application is an urgent request to the court. Zubir did not say what the application entailed, only that more details would be revealed later.
Earlier today, another family counsel, Mohd Kamarulzaman A Wahab, informed the court that the ex parte application had been filed against the attorney-general. Rofiah expressed surprise, asking if he meant Tommy.
She told him that the subject matter was out of the scope of the ongoing testimony by senior lecturer Amir Rafzi Ab Ghani, of Universiti Teknologi Mara Shah Alam’s mechanical engineering faculty, and requested that Amir continue.
As today’s proceedings came to a close, Rofiah told Kamarulzaman that she would study the application. “I will have to look at that application … then we will see,” she told him.
Earlier this year, DPP Hamdan Hamzah had affirmed an affidavit stating that Adib’s death was not due to beatings by any person.
It also said that a forensic pathologist had testified in the inquest that the injuries sustained by Adib, which led to his death, were not injuries due to beating.
The manner in which Adib’s injuries were caused has been a subject of controversy. Witnesses have been recalled in the inquest to find out whether his injuries were a result of being beaten up or hit by an Emergency Medical Rescue Services (EMRS) van on the night of Nov 27 last year.
In April, the Save Seafield Mariamman Temple Task Force withdrew its appeal against the dismissal of its application to hold a watching brief at the inquest based on the affidavit filed by the AGC on April 3.
Lawyer M Visvanathan, representing the task force, had said the reasons for Adib’s death mentioned in the affidavit was why his client moved to withdraw the appeal, after trying to get involved as an interested party.
On Jan 31, Rofiah rejected the application on grounds that the task force had no clear, substantive and reasonable interest in the inquest. The task force also lost its appeal at the High Court on Feb 8.
The inquest into Adib’s death was called by the government this year amid conflicting claims about the cause of the fireman’s death when he went to the Seafield Sri Maha Mariamman temple area with other firemen to put out fires to cars caused by rioters.
Adib, 24, was part of the EMRS team sent from the Subang Jaya Fire and Rescue station on Nov 27. He died three weeks later at the National Heart Institute.
The inquest continues tomorrow.