SHAH ALAM: The High Court here today cleared Attorney-General Tommy Thomas of contempt of court in the inquest proceeding of fireman Muhammad Adib Mohd Kassim last year.
Judicial commissioner Meor Hashimi Abd Hamid said the application by Adib’s father, Mohd Kassim Abdul Hamid, had failed to comply with Order 52 of the High Court rules for non- disclosure of material facts.
“The coroner (Rofiah Mohamad) also failed to consider some of the matters raised by the AG and his officer (Hamdan Hamzah) in their affidavits,” he said in allowing Thomas’ appeal.
Meor Hashimi said the coroner had also taken into account matters outside the ambit of the contempt application.
However, he also ruled that the coroner had jurisdiction to hear the complaint against Thomas for showing disrespect to the court.
Lawyers Ambiga Sreenevasan, Zainur Zakaria and Senior Federal Counsel S Narkunavathy represented Thomas, while Mohamed Haniff Khatri Abdullah appeared for Kassim.
On July 16, Kassim filed an ex parte application for a committal order against Thomas for allegedly insulting the court through the filing of an affidavit by the Attorney-General’s Chambers on April 3, which indicated that Adib’s death was not caused by injuries sustained.
The affidavit was filed while the inquest into Adib’s death was underway.
On Aug 28, Rofiah allowed Kassim’s application to initiate committal proceedings against Thomas for contempt in the inquest into his son’s death.
Rofiah said she came to the conclusion after studying the documents and affidavits submitted by both parties, and Kassim had proven a prima facie case against Thomas.
On Sept 27, Rofiah ruled that “more than two unidentified persons” had killed Adib, who died after succumbing to injuries he sustained when he was despatched to the scene of a riot outside the Sri Maha Mariamman temple in November 2018
Adib, 24, a member of the Subang Jaya Fire and Rescue Department, was seriously injured in the riot at the temple in USJ 25, Subang Jaya, on Nov 27, 2018 and died on Dec 17 the same year at the National Heart Institute.