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Wednesday, May 29, 2019

'Let the court decide on conflicting theories in Adib inquest'



All interested parties in the inquest into the death of firefighter Muhammad Adib Mohd Kassim should let the court deliberate on the conflicting testimonies of expert witnesses, says lawyer Salim Bashir Bhaskaran.
These parties should not be opposing one another, since they are only at the inquest to assist coroner Rofiah Mohamad, Salim told Malaysiakini last night.
"They must always remember, when there is conflicting evidence by two experts, it is up to the court, to the coroner, to decide which one she wants to accept.
"And we must always remember that there is no such thing as a trial here. It is an inquest – nobody is on trial, there is no prosecution, no defence," he said.
Salim was asked about recent developments in the inquest, where various parties are trying to rebut the theories of one another's witnesses on how Adib sustained injuries during the Seafield Sri Mahamariamman Temple riots in Subang Jaya last November, which ultimately led to Adib's death on Dec 17.
"This is the problem," the lawyer said.
"Everybody lays their evidence and lets the coroner decide. Everybody is there (at the inquest) merely to assist the coroner to come to a finding."
Thus far, the inquest has seen testimonies from two forensics experts, namely National Forensics Medicine Institute director Dr Mohd Shah Mahmood and Kuala Lumpur Hospital forensics specialist Dr Ahmad Hafizam Hasmi (photo).
Both experts – who were involved when Adib was warded at the National Heart Institute – maintain that Adib's injuries were likely to have been caused by being hit by an Emergency Response Rescue Service (EMRS) vehicle as it was reversing.
This was challenged by former Hospital Universiti Kebangsaan Malaysia Forensics Unit head Dr Shahrom Abdul Wahid, who believes that the firefighter was pulled out from the vehicle and attacked by several rioters.
Shah and Hafizam were called by the deputy public prosecutors conducting the inquest, while Shahrom was called by lawyer Syazlin Mansor, acting on behalf of the Housing and Local Government Ministry, Fire and Rescue Department and Adib's family.
Following Shahrom's testimony, the deputy public prosecutors conducting the inquest then requested that Shah and Hafizam be recalled.
The application was initially turned down by the coroner's court, but later approved by the High Court in Shah Alam, upon appeal. 
However, only Hafizam was allowed to be recalled. The court ruled that there was no need for Shahrom to be recalled. - Mkini

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