A Srimurugan said the coroner could also grant leave to interested parties to cite an individual for making unwarranted remarks outside the court.
“Following the Court of Appeal ruling early this year, contempt proceedings can be initiated in a coroner’s court,” he told FMT.
Srimurugan said this in response to the attorney-general’s (AG) decision last week to withdraw his appeal against the Court of Appeal ruling.
“As the appeal before the Federal Court is no longer pursued, the Court of Appeal decision is the law and is a binding precedent,” the lawyer said.
On Feb 8, a three-member bench chaired by judge Suraya Othman said a sessions court judge sitting as a coroner had the jurisdiction under the Subordinates Court Act to hear and punish anyone who committed contempt.
In dismissing an appeal by former attorney-general Tommy Thomas, Suraya also ruled that contempt was punishable even if it took place outside the courtroom.
On Jan 28, 2020, then judicial commissioner Meor Hashimi Abdul Hamid said the coroner’s court had jurisdiction to grant leave to initiate committal proceedings against Thomas for filing an affidavit during the inquest of firefighter Adib Mohd Kassim.
However, the coroner did not find Thomas guilty of contempt because of non-disclosure of material facts by Adib’s father, Kassim Abdul Hamid.
Thomas went to the Court of Appeal to set aside the High Court ruling on the jurisdiction issue.
Kassim had also filed an appeal in the Court of Appeal against Meor Hashimi’s ruling as Thomas allegedly insulted the coroner’s court through the filing of an affidavit by the AGC on April 3, 2019, which indicated that his son’s death was not due to injuries caused by a person.
He also accused Thomas, the attorney-general from June 2018 to February 2020, of committing contempt by issuing a media statement on May 28, 2019 while the inquest into Adib’s death was under way.
Last week, Adib’s family ended their legal action against Thomas.
On Sept 27, 2019, coroner Rofiah Mohamad had ruled that “more than two unidentified persons” had killed Adib, who died after succumbing to injuries he sustained after being sent to the scene of a riot outside the Sri Maha Mariamman temple in Subang Jaya.
Adib, 24, a member of the Subang Jaya fire and rescue department, was seriously injured during the riot on Nov 27, 2018 and died at the National Heart Institute on Dec 17.