Coroner's Court has jurisdiction to hear and decide on committal proceedings, rules Appeals Court

PUTRAJAYA: The Court of Appeal has ruled that a Magistrate's Court has the jurisdiction to punish for contempt of court regardless of whether the offence is committed in the face of the court or outside.

In a unanimous decision, a three-man panel chaired by Justice Suraya Othman said the court found no merit in the argument by lawyer Datuk S. Ambiga, who represented former attorney general Tan Sri Tommy Thomas, that a Magistrate's power to punish was limited to contempt in the face of the court alone due to the words used in the provision.

In Paragraph 26 of the Third Schedule of the Subordinate Courts Act 1948, the words "power to take cognisance of any contempt of court" are used to outline the sentencing for matters of contempt at the Sessions Court and the Magistrate's Court.

Ambiga had submitted to the court that the words meant the Magistrate’s Court only have the power to deal with contempt of court in the face of the court and not outside of the court.

"We found no merits in this submission," Justice Suraya said in proceedings conducted via Zoom on Tuesday (Feb 8).

Two other judges on the panel were Justices Abu Bakar Jais and Hashim Hamzah.

This is the first appeal brought by the AGC on whether the Coroner's Court has 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.

Muhammad Adib's father, 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 at 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.

More to come