Court of Appeal to decide on Muhamad Adib's father's lawsuit involving Tommy Thomas on Feb 8

PUTRAJAYA: The Court of Appeal has fixed Feb 8 for decision in a lawsuit filed by the father of the late firefighter Muhammad Adib Mohd Kassim against the government in relation to a contempt of court proceedings involving former attorney general Tan Sri Tommy Thomas.

The appellate court would be deciding on a legal question, brought by in an appeal by the Attorney General’s Chambers, on whether a coroner has the power to start committal proceedings against those who commit contempt of court.

Justice Suraya Othman, who chaired a three-man panel, said the court needed more time to deliberate on the matter.

"This is an important issue and we need time to decide," she said in a Zoom proceeding here on Tuesday (Jan 11).

Other judges on the bench were Justices Abu Bakar Jais and Hashim Hamzah.

Earlier, lawyer Mohamed Haniff Khatri Abdulla submitted that the lower courts, including the coroner’s court, had the power to start and decide on contempt proceedings but its powers on punishment were limited.

Lawyer Datuk S. Ambiga, who represented Thomas, said the coroner’s court had erred in allowing the family’s bid for committal through an application.

She said the lower court could only initiate contempt proceedings if it was contempt in the face of the court but the coroner had granted leave, which was a method reserved for higher courts.

This was the first the 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 Muhammad Adib's father, Mohd Kassim Abdul Hamid, 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.

Muhammad 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 Nov 27, 2018.

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

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

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.