A Srimurugan said anyone investigating a matter must have legal powers to call witnesses and record their statements.
“For example, a police officer will rely on the Criminal Procedure Code and penal laws to arrest, seize exhibits and record statements,” he said.
Srimurugan said such statements could be tendered in a court of law when an accused is charged. “Where will the committee or task force derive their powers to carry out their tasks?” he said.
The lawyer said this in response to a report that the Cabinet had decided to set up a special committee to investigate the death of Adib and a task force to look into claims made by former attorney-general Tommy Thomas in his memoir. Prime Minister Ismail Sabri Yaakob said a task force would also review laws relating to the sovereignty dispute over Pedra Branca (Pulau Batu Puteh).
Sri Murugan asked for the point in setting up the Adib committee when a coroner had already delivered a verdict and police had conducted further investigations.
“The Attorney-General’s Chambers should declare whether it is going to charge anyone or otherwise. A committee is a waste of time and resources,” he added.
Another lawyer, Joy Wilson Appukuttan, said it was better for the government to set up a royal commission of inquiry to probe into the contents of Thomas’s book.
He said a RCI could get moving once the attorney-general had framed the terms of reference and the Yang di Pertuan Agong had appointed members to the tribunal.
“A RCI will get its power under the Commissions of Enquiry Act 1950 once the tribunal members are appointed by the king.”
Appukuttan said the RCI could summon witnesses to give evidence and later present their findings to the government for further action.
The PM’s statement said investigations into Thomas’s book would look into allegations, such as “abuse of power in judicial appointments, executive interference in the judiciary, selective and politically motivated prosecutions, and breaches in the oath of secrecy.”
The task force will be chaired by a former chief justice who will be appointed in the near future.
The legal affairs division of the Prime Minister’s Department will also be involved while the Attorney-General’s Chambers (AGC) will act as the secretariat.
Govt probe is good news for Adib’s family
The government’s decision to set up a special committee into Adib’s death was welcome news for his family.
Adib’s father, Mohd Kassim Abdul Hamid, 65, said the establishment of the committee had been much-awaited by the family.
“This shows the government’s concern over what had happened. This is good news to many others out there who have never stopped praying for my son and family to get justice. I hope that all involved will be serious in pursuing the investigation until the end,” he told Bernama.
The committee, chaired by law minister Wan Junaidi Tuanku Jaafar, includes home minister Hamzah Zainudin, housing and local government minister Reezal Merican Naina Merican and attorney-general Idrus Harun.
Adib suffered serious injuries while on duty at a riot outside a temple in Subang Jaya in November 2018. He died in hospital three weeks later. A coroner’s court has ruled Adib died after a criminal act perpetrated by more than two unidentified people.