PARLIAMENT | Upon completing their latest investigation into the death of fireman Muhammad Adib Mohd Kassim on Dec 17, 2018, the police have submitted a recommendation to the Attorney-General's Chambers for a fresh inquest to be held.
The police force also recommended that 12 suspects in the case be charged under section 143 of the Penal Code which covers unlawful assembly and punishable with imprisonment for a term which may extend to six months or with fine or both.
Home Minister Hamzah Zainuddin told the Dewan Rakyat this after being asked by RSN Rayer (Harapan-Jelutong) on the latest developments in the Adib case.
Hamzah cited the Sept 27, 2019 judgement of the Shah Alam Coroner's Court that Adib's death was the result of a criminal act caused by two to three unidentified persons who rioted and attacked a fire engine.
He said that the police had submitted investigations papers and a recommendation on July 23 to the AGC calling for a fresh inquiry under the provisions of Section 339 (2) of the Criminal Procedure Code, under which the Public Prosecutor may direct a Magistrate to reopen the inquiry and to make further investigation.
In delivering her judgement last year, coroner Rofiah Mohamad had said that the court concluded that the blunt chest trauma sustained by Adib during the incident was not self-inflicted or an accident, but was caused by two to three unidentified persons who pulled the victim out of the emergency services (EMRS) van he was in, hitting him and dragging him.
Hamzah, however, did not mention Rofiah citing the failure of the police to act at the time of the incident.
"I also found that the victim's death was the result of the police and FRU's failure to control the riot. Evidence clearly shows that there had been several fire incidents (during the riot) before the victim was involved.
"Firefighters had also been threatened by rioters who didn’t want the flames to be put out but there were police officers on guard and the fires were successfully put out by the firefighters.
"It was very unfortunate when two troops of FRUs with hundreds of personnel and seven various types of vehicles, including water cannons, only watched the rioters attack the firefighters without doing anything.
"They were only standing by with their weapons because they didn't receive any orders to act, despite the tense situation," said Rofiah in her judgement.
In June it was reported that the family of the late firefighter would be filing civil action against the police over purported negligence in acting to find individuals allegedly responsible for Adib's death.
Harian Metro quoted Adib's father, Mohd Kassim Abdul Hamid, 64, as saying that although his family has accepted his passing, they still mourn for him as justice has yet to be served.
"I lost my son and his death has yet to be avenged, so I want to claim damages (because) our family is highly disappointed and dissatisfied with the statement made by the Inspector-General of Police Abdul Hamid Bador.
"I felt this was very strange, how the IGP can make a contradictory statement to a Coroner's Court finding that there were criminal elements in Adib's death," said Mohd Kassim.
Mohd Kassim had initially raised the family's unhappiness after the IGP proposed a new taskforce to re-examine all aspects of the firefighter's death.
He said his family still reserved hope that the police would identify more witnesses and arrest the individuals who allegedly assaulted Adib to his death.
He insisted there was no need to revisit the inquest's proceedings, and urged all parties to respect the Coroner Court's ruling. - Mkini
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