THE attorney-general (A-G) has yet to decide if he will be attending his contempt proceedings to defend himself or just base it on his affidavits, the coroner’s court heard today.
Lawyer for Muhammad Adib Mohd Kassim’s family Haniff Khatri Abdulla told reporters that the court was told that A-G Tommy Thomas has yet to make a decision.
“There are no provisions in the law for him to testify. The choice is his (if he wants to).
“But, 90% of the time the respondent will rely on the affidavits,” he said at the Shah Alam High Court today.
Earlier during the case management before coroner Rofiah Mohamad, senior federal counsel S. Narkunavathy, representing Thomas, informed the court that so far her orders are to use the affidavits.
On August 27, Rofiah has allowed the bid by Adib’s family to cite Thomas for contempt for allegedly interrupting the inquest proceeding on the firefighter’s death.
Rofiah said the family had proven a prima facie case against Thomas.
“Whether it was interference or scandalising the court, it falls under the ambit of contempt.
“So, it is fair for the A-G to explain himself.”
Haniff had said there was reason to believe that Thomas’ May 28 media statement about the family’s former lawyer Syazlin Mansor verged on contempt.
Thomas had said in the statement that the A-G’s Chambers had ordered Syazlin to withdraw her services as the government’s legal representative in the inquest because it was a conflict of interest for her to represent Putrajaya and the deceased’s family at the same time.
Syazlin, who was representing the Housing and Local Government Ministry, and the Fire and Rescue Department as well as the fireman’s family in the inquest, had abruptly quit all three clients in May, saying nothing more than she had been told to do so.
Haniff had argued Thomas’ statement that Syazlin’s conduct in the inquest did not match the stand of the A-G amounted to contempt.
“Narkunavathy said there must be identification that there was wrong stand taking by the A-G,” he said.
“Our question is not if it is right or wrong, so long as a stand is taken in an inquest then that itself is contempt.”
He said the reason why the A-G asked the Housing and Local Government Ministry to discharge of Syazlin’s services was because she took a different stance from the A-G.
“But, by taking a stand, the A-G has interfered with the cause of justice. And that is wrong.”
The court will be hearing the application on November 14. – October 7, 2019.
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