LAWYERS who filed an ex parte application on behalf of Muhammad Adib Mohd Kassim’s family to have Attorney-General Tommy Thomas cited for contempt of court want the coroner to address two issues before they proceed with their bid.

The issues were raised today by Mohamed Haniff Khatri Abdulla, who is representing the late fireman’s family in the application.

“One issue is, how much can the A-G engage in the ex parte proceedings? The other issue is related to the two affidavits filed by the A-G in his application.”

Last week, Adib’s family’s lawyer, Mohd Zubir Embong, said an affidavit filed in April by the Attorney-General’s Chambers (AGC) contained premature presumptions about the fireman’s case.

One such presumption was a statement that Adib’s injuries were not from him being beaten up.

Haniff said the lawyers want to know whether the court can hear AGC members’ arguments regarding the application.

“We want to know if the court can entertain (arguments), and to what extent. Is it only on law, or can they go into the facts?

“We also want to know how the court is going to entertain the two affidavits that were filed.

“Will the court consider the affidavits, or will they be part of the evidence? These issues must be addressed first.”

Once the coroner’s decision is known, he said, the lawyers will be better able to handle the application.

“This is to avoid confusion… If the court grants leave, then the documents will be served officially to the A-G. If leave is granted, the A-G can put in an affidavit, or he can come to court to give evidence as to why he should not be cited for contempt.”

In April, the Save Seafield Mariamman Temple Task Force withdrew its appeal at the Court of Appeal against the coroners’ court’s dismissal of its application to hold a watching brief during the inquest into Adib’s death.

Lawyer M. Visvanathan, representing the task force, said he informed the appellate court that the temple was withdrawing its application based on the affidavit filed by the AGC on April 3.

He said the affidavit, affirmed by deputy public prosecutor Hamdan Hamzah, stated that Adib’s death was not due to a beating, and that a forensic pathologist had testified during the inquest that the injuries sustained by the fireman, which led to his death, were not due to him being beaten up.

Adib was injured during riots at the Seafield temple on November 27 last year. He died at the National Heart Institute on December 17. – July 24, 2019.