No need for inquest into Adib’s death, say Muslim lawyers

Updated 5 years ago · Published on 27 Dec 2018 7:11PM · 8 Comments

Firefighter Muhammad Adib Mohd Kassim is believed to have been assaulted during a riot at the Seafield Sri Maha Mariamman temple in Subang Jaya last month. He died on December 17. – The Malaysian Insight pic, December 27, 2018.

AN influential group of Muslim lawyers has rejected the need for an inquest to determine fireman Muhammad Adib Mohd Kassim’s cause of death, saying it will only delay justice for his family.

The Muslim Lawyers’ Association of Malaysia (PPMM) said Attorney-General Tommy Thomas, who told the home minister he will order the inquest, seems to be “confused” as Adib’s death is being investigated by police as murder.

However, PPMM president Zainul Rijal Abu Bakar agreed that the decision is well within the A-G’s powers.

“Adib’s death is clearly stated based on the medical report and post-mortem result, and even police have opened an investigation paper on the incident, under murder,” he said in a statement today.

He said Thomas must provide a detailed explanation as to why there has been no prosecution under Section 302 of the Penal Code for murder, as well as the need for an inquest, given that the public has no access to the investigations.

“The public needs to know whether the investigations are incomplete, or if there are other elements that may jeopardise the prosecution.”

Even though police have reclassified the case as murder, no immediate action has been taken by the authorities to arrest or charge anyone under Section 302, said Zainul Rijal.

“Since police have reclassified the case, the authorities should rearrest anyone believed to be involved, unless police believe that those individuals are innocent.

“Police and the A-G must explain the whereabouts of those being investigated, and the status of the investigations.”

Home Minister Muhyiddin Yassin today said Thomas has decided to hold an inquest to determine Adib’s cause of death.

Muhyiddin said the magistrate presiding over the inquest has wide powers under Section 328 of the Criminal Procedure Code to determine the matter, including deliberating on Adib’s cause of death and whether his death was caused or accelerated by any party’s action or inaction.

Adib, 24, was a member of the Emergency Medical Rescue Services of the Subang Jaya fire station.

He is believed to have been assaulted during a riot at the Seafield Sri Maha Mariamman temple in Subang Jaya on November 27. He succumbed to injuries at the National Heart Institute in Kuala Lumpur on December 17. – December 27, 2018.

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Comments

  • Inquest is needed. It will put to rest any speculation.

    Posted 5 years ago by TTs Take · Reply

  • Murder is an initial classification that can be subjected to an inquest by the AG if the circumstances warrant it. It is within his prerogative. In all probability his decision will be based on police investigations at the scene of crime, statements from witnesses and most crucially the post mortem findings. A statement from the pathologist would have been recorded at this stage. An inquest would be transparent and the public.

    Posted 5 years ago by G.Selva Ganeson · Reply

  • ...public will have access to proceedings.

    Posted 5 years ago by G.Selva Ganeson · Reply

  • Why an inquest ? Then victim died suddenly weeks after admitted to ICU and in between survived. Can medical negligence be ruled out entirely? And given that there was a mob, who is exactly the murderers? And what about the culpability of the people whom paid money to instigate this relocation of the mosques?

    Posted 5 years ago by Oli oh · Reply

  • Adibs death is clearly stated based on the medical report and post-mortem result,...
    Wow! they seem to be more powerful than the home ministership clearly said the post mortem report can only be complete in a month time.

    Posted 5 years ago by Chee yee ng · Reply

  • What are these half baked lawyers trying to hide?

    Posted 5 years ago by Watchdog Watchdog · Reply

  • There should be an inquest and witnesses given protection so that the truth could surface.

    Posted 5 years ago by Ravinder Singh · Reply

  • PDRM must be busy trying to schedule Pastor Koh's disappearance, Teoh Beng Hock's, Altantuya, Kevin Morais to name a few their list, not to mention Indira's kidnapped daughter where the then IGP took an unusual decision not to act on a court order because of his personal beliefs and values. How can polis make an arrest when their investigation is incomplete? Why is Jaringan Melayu insisting our Unity Minister or Prime Minister resign? Do they already have proof that these ministers are behind Adib's murder or merely forcing Polis' hands?

    Posted 5 years ago by Roger 5201 · Reply