Fireman Adib’s family withdraws legal action against Tommy Thomas


The remains of Muhammad Adib Mohd Kassim is brought out of the compound of the National Institute of Forensic Medicine (NIFM), Kuala Lumpur Hospital on December 18, 2018. – The Malaysian Insight file pic, June 15, 2022.

 
THE family of deceased fireman Muhammad Adib Mohd Kassim has withdrawn the application to cite former attorney general Tommy Thomas for contempt of court.

They have also decided to discontinue their action against the government.

In a statement, law firm Messrs Mohd Zubir Embong and Associates who are representing Adib’s father Mohd Kassim Abdul Hamid said the family no longer wanted to prolong the matter.

“The family of the deceased has ordered us to withdraw an appeal in relation to the application to commit Tommy Thomas on charges of contempt of court as they no longer want to prolong the matter,” the firm said in a statement.

“Following the instruction from Adib’s father, we filed a notice to withdraw the appeal on May 31, 2022. It was then followed by a confirmation by the Attorney-General’s Chambers that they too have withdrawn the application for leave to appeal to the Federal Court.”

This marks the end of the proceedings brought by the family against Thomas and the AGC, the firm said, adding that the family hopes to move forward with a fresh start.

While the lawsuits have been withdrawn, the family said that this does not mean the investigation into who caused the death of Adib must stop.

There are three appeals pending, the first is an appeal brought by the AGC on whether the Coroner’s Court had the jurisdiction to hear and decide on committal proceedings.

Two other related appeals were brought by Adib’s father, Mohd Kassim, which included the appeal against a High Court’s decision in setting aside the Coroner’s decision to give him leave to initiate committal proceedings against Thomas.

Mohd Kassim, 67, 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, 2019, which indicated that Adib’s death was not caused by injuries sustained.

In 2019, the Shah Alam coroner’s court allowed Mohd Kassim to start committal proceedings against Thomas, accusing him of disrespecting the court by filing an affidavit that said Adib’s death was not due to injuries caused by someone.

Thomas appealed and the High Court dismissed the family’s application to start the contempt proceedings but it upheld a decision that the coroner’s court has the power to commence and start contempt proceedings.

Adib, 24, who was attached to the Subang Jaya Fire and Rescue station, was seriously injured in a riot at the Sri Maha Mariamman Temple, USJ 25, on November 27, 2018.

He died on December 17, 2018 after 21 days at the National Heart Institute.

On September 27, 2019, the Coroner’s Court ruled that Adib’s death was a result of a criminal act by more than two people.

Last November, the government paid the family RM1.5 million in compensation. – June 15, 2022.


Sign up or sign in here to comment.


Comments