Coroner’s Court has power to hear contempt proceeding against Thomas
The Shah Alam Coroner’s Court has jurisdiction to grant leave to institute contempt proceeding against former attorney-general Tommy Thomas in relation to the death of firefighter Muhammad Adib Mohd Kassim, the Court of Appeal ruled.
The three-member Court of Appeal bench presided by Suraya Othman this morning unanimously dismissed the appeal by Thomas, who is not in private practice...
The Shah Alam Coroner’s Court has jurisdiction to grant leave to institute contempt proceeding against former attorney-general Tommy Thomas in relation to the death of firefighter Muhammad Adib Mohd Kassim, the Court of Appeal ruled.
The three-member Court of Appeal bench presided by Suraya Othman this morning unanimously dismissed the appeal by Thomas, who is now in private practice.
The other bench members were Abu Bakar Jais and Hashim Hamzah, who previously heard the appeal linked to Adib’s death following the Subang temple riots in late 2018.
Thomas (above) is appealing against a Shah Alam High Court ruling on Jan 28, 2020, which ruled that the lower court (Coroner’s Court) has the power to grant leave to the deceased’s father, Mohd Kassim Abdul Hamid, to institute committal proceedings against the then AG.
Today’s decision has bearing on another related appeal by Adib’s father who is seeking to commence contempt proceedings against Thomas over an affidavit linked to the 24-year-old firefighter’s cause of death.
Kassim, 68, was initially granted leave by the Shah Alam Coroner’s Court to commence committal proceedings against Thomas over a 2019 affidavit by the Attorney-General’s Chambers (AGC), which allegedly stated that Adib’s death was not caused by injuries inflicted by people.
However, the Shah Alam High Court on Jan 28, 2020, also quashed the leave to commence committal proceedings on technical reasons, namely that Kassim failed to comply with Order 52 of the High Court's Rules in relation to non-disclosure of material facts.
His appeal is still pending before the Court of Appeal. Today's ruling on the Coroner Court's jurisdiction to hear contempt proceedings against Thomas may have a major bearing on Kassim's appeal.
On Dec 17, 2018, while being warded at the National Heart Institute (IJN), Adib died from injuries sustained from the Sri Maha Mariamman Temple riots the month before.
In Sept 2019, the Shah Alam Coroner's Court ruled that the 24-year-old firefighter's death was caused by a criminal act perpetrated by two people or more.
During online Court of Appeal proceedings conducted via zoom today, Suraya ruled that the lower courts, which included the Coroner’s Court, are empowered by Section 82 of the Subordinate Courts Act 1948.
She noted that the provision makes no distinction between lower courts, including the Coroner’s Court hearing an inquest to determine a deceased’s cause of death, in relation to the power to hear contempt proceedings.
She noted that all Malaysian courts of every level are empowered to hear contempt proceedings, whether it be the superior courts courtesy of the Courts of Judicature Act 1964, or the inferior courts via the Subordinate Courts Act.
No merit in the appeal
Suraya said the bench also disagreed with alternative submissions by Thomas’ legal team that even if the Coroner’s Court has the power to hear contempt cases, then it is only limited to contempt acts done “in the face of the court”.
Previously before the Court of Appeal, Thomas’ counsel Ambiga Sreenevasan submitted that the committal proceeding against the ex-AG was not contempt “in the face of the court” as it was filed about two or three months later, with she contended that for cases involving contempt “in the face of the court”, there should be immediate action by the judge.
Suraya today said that the Third Schedule of the Subordinate Courts Act allows lower courts to hear cases of contempt, both “in the face of the court” and those “outside of the court”.
“Based on these reasonings, we found no merit in the appeal (by Thomas) and we dismiss the appeal.
“With this decision, we say that the magistrate (which also encompasses the Coroner’s Court) has the power to punish contempt and has the power to hear contempt cases,” Suraya ruled.
After the ruling was read out, Thomas’ counsel Zainur Zakaria said they have instructions to appeal to the Federal Court.
Zainur then applied for the Court of Appeal to stay the other appeal proceedings by Kassim, pending disposal of the appeal at the Federal Court.
Kassim’s counsel Mohamed Haniff Khatri Abdulla then informed the bench that they reserve the right to raise an objection before the Federal Court, on whether Thomas could even appeal to the apex court.
Haniff said this is because Thomas’ appeal actually is against the Coroner’s Court decision, which sits at a level below the High Court.
Under Malaysian law, an appeal originating from a lower court level such as the Coroner’s Court, can only be appealed two times - once to the High Court and a second time to the Court of Appeal level.
If the appeal is over a matter that originated from the High Court, then an appeal can be filed two times, once at the Court of Appeal and a second time at the Federal Court.
Suraya then allowed the application to stay Kassim’s appeal, adding that this is because an appeal to the Federal Court involves the important point of the lower court’s jurisdiction to hear contempt proceedings.
As a result, Kassim’s appeal to reinstate leave to commence committal proceedings against Thomas is on hold, pending the disposal of the former AG’s appeal to the Federal Court.
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