PETALING JAYA: The family of the late fireman Muhammad Adib Mohd Kassim has withdrawn its bid to commit former attorney general Tommy Thomas for contempt of court.
Law firm Messrs. Mohd Zubir Embong & Associates, representing the family, said the order was made because its clients did not want to prolong the matter.
“Following the family’s order to withdraw Muhammad Adib’s father Mohd Kassim Abdul Hamid’s appeal, (the firm) filed a Notice of Withdrawal of Appeal on May 31,” the law firm said in a statement on Wednesday (June 15).
It added that its notice was followed by a confirmation from the Attorney General’s Chambers (AGC), representing Thomas, on Tuesday (June 14) that it had also withdrawn its application to the Federal Court.
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According to the statement, the family considered the contempt of court process and proceedings against Thomas and the AGC over and done with.
“They hoped that the community could allow them to… look ahead and start life anew,” it added.
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 AGC on April 3, 2019, which indicated that Muhammad 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 the result of a criminal act by more than two people.
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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 saying Muhammad 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.