PETALING JAYA: Family members of fireman Muhammad Adib Mohd Kassim, who died from injuries sustained during a riot outside a temple in Subang Jaya, could sue the government for negligence, a lawyer said.
M Visvanathan said Abib’s next of kin could also include the Sri Maha Mariamman temple committee as a party to their action as they had also contributed to the tense situation.
“The family could name the police and the housing and local government ministry as defendants following the findings of a coroner on Adib’s cause of death,” he told FMT.
Coroner Rofiah Mohamad earlier today said “more than two unidentified persons” had caused the death Adib, a month after he sustained injuries when he was sent to the scene of the riot outside the temple last November.
Visvanathan, who had appeared for the next of kin of a detainee who died in police custody, said Rofiah’s finding could path the way for Adib’s family members to sue the parties and be awarded damages.
“The coroner has attributed the death to be caused by someone while Adib was on duty,” he said, adding that from media reports the police had been singled out for their oversight.
He said the police had failed to secure the place to enable the firemen to carry out their work.
The lawyer said the Fire Services and Rescue Department, which comes under the housing and local government ministry, could also be hauled up as they failed to have a standard operating procedure for firemen on duty during a chaotic situation.
He said action could also be taken against the temple management as they had asked devotees to assemble in the premises instead of advising them to return home..
Adib died at the National Heart Institute (IJN) on Dec 17, 2018.
Visvanathan said Adib’s family could obtain compensation for dependency claim and special damages under the Civil Law Act.
In her verdict, Rofiah had criticised the police and the Federal Reserve Unit, whom she said had contributed to Adib’s death.
“There was a riot but the police were merely on standby,” she said.
Visvanathan said it appeared now that only the attorney-general could file a review in the High Court to set aside Rofiah’s findings.
Meanwhile, lawyer SN Nair said police could reopen their investigation into Adib’s death and probe the incident under all existing criminal laws, including the Penal Code.
“The AG, who is also the public prosecutor, could frame charges based on the strength of the police probe,” he said. - FMT
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