Judicial commissioner Meor Hashimi Abd Hamid said Mohd Kassim Abdul Hamid had been wrong to take the civil route to strike out Thomas’ appeal.

“The contempt proceeding comes under criminal proceedings,” he said in his ruling today.

He also fixed Dec 12 to hear Thomas’ appeal against the decision of coroner Rofiah Mohamad to allow leave for Kassim to begin committal proceedings.

Thomas is represented by lawyers Zainur Zakaria and Ambiga Sreenevasan.

On July 16, Kassim 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 which indicated that Adib’s death was not caused by injuries sustained.

The affidavit was filed while the inquest into Adib’s death was still underway.

On Sept 27, Rofiah ruled that “more than two unidentified persons” had killed Adib, who died after succumbing to injuries he sustained when he was despatched to the scene of a riot outside the Sri Maha Mariamman temple in November last year.