“The AG is not the investigator in our criminal justice system.
“He merely evaluates evidence given to him and decides what charges to file under existing penal laws,” Syed Iskandar Syed Jaafar al-Mahdzar said.
He said police will investigate and collect evidence by interviewing witnesses and questioning suspects soon after a crime has taken place.
“That is the reason the law gives investigators the power to detain suspects up to 14 days, and search and seize exhibits to stop tampering with evidence and witnesses,” he told FMT.
He said this in response to a call by Perlis mufti Mohd Asri Zainul Abidin, who had jumped on the bandwagon to call for the resignation of AG Tommy Thomas after a coroner ruled yesterday that fireman Adib’s death was not an accident.
“To protect Malaysia’s honour and the people’s trust in the justice system, to avoid racial tension, and prevent an abuse of power, Thomas needs to resign from his position as AG,” Asri said in a Facebook post.
PAS and Umno have also called on Thomas to resign or go on leave. The call was made by PAS deputy Youth chief Ahmad Fadhli Shari and Umno Youth exco member Muhammad Faiz Hashim.
Syed Iskandar made it clear that he was not defending Thomas but the office of the attorney-general as he is the guardian of public interest.
“This does not mean that the AG has to succumb to pressure and frame charges which may not measure up to the evidence available and which can be tested in a court of law,” he said.
Coroner Rofiah Mohamad held that “more than two unidentified persons” had killed the fireman, who died after succumbing to injuries he sustained when he was sent to the scene of a riot outside the Seri Maha Mariamman temple in November last year.
She said the conclusion was reached based on testimonies from witnesses throughout the 41-day inquest into Adib’s death.
She said it is now up to the police and the attorney-general to bring charges.
Syed Iskandar said in an inquest, the AG has no control of the proceedings as it was merely an inquiry to determine the cause of death of a person.
“He and his officers merely assisted the coroner to make a finding. It is not a trial where someone is charged,” he added.
Syed Iskandar said Rofiah’s findings in the inquest are also not in consonant with the independent evidence presented in the proceedings.
“Investigating officer Lew Keng Joe told the inquest there was no witness statement showing the fireman was assaulted during the temple fracas last year.”
The coroner, he said, rejected the evidence of forensic expert Dr Ahmad Hafizam Hasmi, who conducted the autopsy and told the court he found no injuries consistent with violent acts.
Hafizam also told the court that Adib had been hit by a fire engine despatched to the scene.
Syed Iskandar said Rofiah instead accepted the testimony of UiTM physics lecturer Amir Rafzi Ab Ghani, who suggested that Adib had been pulled out of the Emergency Medical Rescue Services van.
Adib, 24, died of his injuries at the National Heart Institute on Dec 17.