Ex-AG’s appeal over court’s power to hear contempt case fixed for May 28

Ex-AG’s appeal over court’s power to hear contempt case fixed for May 28

Fireman Muhammad Adib’s father had filed a committal order against Tommy Thomas for saying son's death was not due to injuries sustained.

Mohd Kassim Abdul Hamid (left) alleges that Tommy Thomas had insulted the court through the filing of an affidavit on his son’s death.
PUTRAJAYA:
The Court of Appeal has fixed May 28 to hear an appeal by former attorney-general Tommy Thomas to set aside a High Court ruling that the coroner’s court has jurisdiction to hear a contempt of court case against him.

Senior federal counsel Mankiranjit Kaur said the date was fixed after case management before deputy registrar Darmafikri Abu Adam.

Fireman Muhammad Adib’s father, Mohd Kassim Abdul Hamid, 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 his son’s death was not caused by injuries sustained.

He also accused Thomas of committing contempt by issuing a media statement on May 28, 2019 while the inquest into Adib’s death was underway.

Coroner Rofiah Mohamed allowed the contempt to commence after studying the documents and affidavits submitted by both parties, saying Kassim had proven a prima facie case against Thomas.

On Jan 28 last year, then judicial commissioner Meor Hashimi Abdul Hamid said the coroner’s court had jurisdiction to grant leave to initiate committal proceedings against Thomas.

However, he cleared Thomas of going through the contempt proceeding due to non-disclosure of material facts by Kassim.

Mankiranjit said the appellate court would also hear Kassim’s appeal of the High Court’s refusal to strike out the appeal filed by Thomas on the same day.

Lawyer Aidil Khalid appeared for Kassim during the case management.

On Sept 27, 2019, 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.

Adib, 24, a member of the Subang Jaya Fire and Rescue Department, was seriously injured in the riot at the temple in USJ 25, Subang Jaya, on Nov 27, 2018 and died on Dec 17 the same year at the National Heart Institute.

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