KUALA LUMPUR – The family of the late firefighter Muhammad Adib Mohd Kassim has filed a notice to withdraw their appeal for committal proceedings against former attorney-eneral Tan Sri Tommy Thomas.
Adib’s father, Mohd Kassim Abdul Hamid, had filed two appeals in the Court of Appeal, among them against a high court decision which allowed Thomas’ application to set aside the committal proceedings filed against him.
Messrs Mohd Zubir Embong & Associates, the legal firm representing Adib’s family, in a statement today, said they were ordered to withdraw the appeal as the family no longer wanted to prolong the matter.
According to the statement, the firm filed the notice to withdraw the appeal last May 31, following which the Attorney-General’s Chambers (AGC) withdrew the application for leave to appeal to the Federal Court.
The AGC, representing Thomas, had appealed against the Court of Appeal’s decision on February 8 which ruled that the coroner hearing the inquest into Adib’s death had jurisdiction to issue leave to commence committal proceedings against the former AG.
“In this regard, the family of the late Muhammad Adib considers that the process on the contempt of court proceedings against Thomas and the AGC has been disposed of and is over, and hopes the society will allow the family start a new life.
“At the same time, it should be noted that the settlement at this appeal stage did not in any way tamper with or alter the decision and findings by the coroner’s court on September 27, 2019, which confirmed that the late Adib was beaten to death (although the killer had yet to be found) and that his death was also contributed by the failure of the Royal Malaysia Police and the Federal Reserve Unit to control the riot,” the statement said.
It also stated that the grounds of the 52-page judgment by the coroner had never been overruled by any higher court and thus, it remained an authoritative finding of fact.
The law firm said the stand by Adib’s family to withdraw the appeal for committal proceeding did not mean that the search for the deceased fireman’s killer could not be continued by police as there is no legal time limit for criminal investigation.
“The fight to seek justice for a government employee killed while on duty to maintain peace can also be continued by any concerned civil society, the public, as well as non-governmental organisations,” it said.
On November 29, 2021, Adib’s family received RM1.5 million in compensation from the government over the tragedy that befell the firefighter, who was a member of the Emergency Medical Rescue Services unit from the Subang Jaya Fire and Rescue Station.
He sustained serious injuries during a commotion at the Sri Maha Mariamman Temple in USJ 25, Subang Jaya on November 27, 2018 and died on December 17 after 21 days at the National Heart Institute.
On September 27, 2019, the coroner’s court established that Adib died after he was assaulted by two or three unidentified people during the riot.
Meanwhile, lawyer Aidil Khalid, representing Kassim, when contacted by reporters, said the AGC withdrew its appeal in the Federal Court yesterday. – Bernama, June 15, 2022
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