AG denies filing affidavit saying Adib wasn't beaten up by mob
Attorney-General Tommy Thomas has denied involvement in the filing of an affidavit with the Court of Appeal stating how firefighter Muhammad Adib Mohd Kassim had died.
In his own affidavit dated July 19 and filed at the Coroner's Court, Thomas said although 1,200 legal officers in the Attorney-General's Chambers (AGC) reported to him, he did not direct nor instruct them in their daily tasks...
Attorney-General Tommy Thomas has denied involvement in the filing of an affidavit with the Court of Appeal stating how firefighter Muhammad Adib Mohd Kassim had died.
In his own affidavit dated July 19 and filed at the Coroner's Court, Thomas said although 1,200 legal officers in the Attorney-General's Chambers (AGC) reported to him, he did not direct nor instruct them in their daily tasks.
He was replying to an ex-parte application against him by lawyers representing Adib's family claiming he was in contempt of court over an affidavit filed by the AGC stating how the fireman had died.
The lawyers claimed that by doing this ahead of the Coroner’s Court ruling on the matter, the attorney-general was in contempt of court.
In his affidavit-in-reply, Thomas said he had never met deputy public prosecutor Hamdan Hamzah who was believed to have filed the affidavit on April 3 stating that Adib's injuries were not caused by him being beaten up.
Hamdan was the former conducting officer for the Adib inquest by the Coroner's Court and had retired on May 1.
"Any affidavit that is affirmed and filed by the DPP in respect of Adib's inquest is entirely within his scope of work.
"I did not give any directions or instructions as to the filing or the contents of the affidavit," said Thomas.
As such, he said the ex-parte application of Adib's family to cite him for contempt of court was of no merit.
"The inferences and conclusions drawn by the applicant from the DPP's affidavit are mischievous, misconceived and without any basis or merit," he said.
In an affidavit filed on July 22, Hamdan had denied that the earlier affidavit he affirmed on April 3 on Adib's death was tantamount to unlawful interference in the cause of justice.
Hamdan said he filed the affidavit in April to strike out an appeal and stay application brought by the Save Seafield Mariamman Temple Task Force which had wanted to participate in the inquest.
"The statement in paragraph 6 of my affidavit is not a premature statement as alleged by the applicant," said Hamdan, adding it was based on the evidence adduced at the inquest as of April 2.
Counsel for Adib's family's, Haniff Khatri Abdulla, then requested for the court to decide if it will accept at this stage the two affidavits submitted by Thomas and Hamdan.
Coroner Rofiah Mohamad fixed Aug 9 for decision and if the attorney-general needed to appear in court for the ex-parte application.
When met outside the court, Haniff said the AG or his representative would only appear in court after leave for the ex-parte application had been granted.
Also present in court today was counsel Abdul Rahim Sinwan who appeared on behalf of Adib's family. Thomas was represented by Attorney-General's Chambers Civil Division deputy head S Narkunavathy and senior federal counsel Mankiranjit Kaur Mehinder Singh.
The coroner's inquest into the death of Adib started on Feb 11. A total of 30 witnesses were called during the 41-day hearing and submissions have been fixed for Aug 21.
Adib died at the National Heart Institute on Dec 17, 2018, after succumbing to injuries sustained during riots near the Seafield Sri Maha Mariamman temple about a month earlier.
The inquest was ordered after two conflicting versions of the cause of his death emerged with one version claiming he was hit by an emergency rescue vehicle while the other said he was beaten up by a mob.
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