SHAH ALAM: The High Court here granted Attorney General Tommy Thomas' appeal to set aside a coroner's court decision to allow fireman Muhammad Adib Mohd Kassim's father to initiate commital proceedings against him.
In delivering his judgement on Tuesday (Jan 28), judge Datuk Meor
Hashimi Abd Hamid pointed out there were various non-compliances in the application filed by Mohd Kassim Abdul Hamid.
One of the main factors was that the application made by Mohd Kassim at the coroner's court had failed to comply with Order 52 of the High Court Rules.
He had filed the committal proceedings following a statement made by the attorney general in regards to Muhammad Adib's death.
Coroner Rofiah Mohamad had allowed the application citing that Muhammad Adib's father had succeeded in proving a prima facie case against Thomas.
Justice Meor also said the applicant had failed to highlight to the coroner Thomas' media statement in full for her to understand its context in entirety.
"The learned coroner only confined her consideration to certain paragraphs of the said media release, in particular on the role of Syazlin Mansor, the counsel on record then holding a watching brief on behalf of the Housing and Local Government Ministry, the Fire and Rescue Department and the family of the deceased," said Meor Hashimi.
He said there were also technicalities in the application such as Muhammad Adib's brother Mohd Asraf signing the affidavits instead of their father who was the actual applicant.
Thomas was represented by Datuk Ambiga Sreenevasan, Zainur Zakaria and Senior Federal Counsel S. Narkunavathy whilst Mohamed Haniff Khatri Abdullah represented Kassim.
Meanwhile, Mohamed Haniff said Muhammad Adib's family would most probably appeal the High Court's decision.
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