Adib's death: Lawyer advises parents to sue cops, gov't for negligence

A lawyer has advised the parents of firefighter Muhammad Adib Mohd Kassim to haul the police and government to court over his death.

M Manoharan said the police and government can be sued for negligence and vicarious liability respectively and Adib's dependents can claim for loss of income as well as general, aggravated and exemplary damages against them.

“This is pursuant to the findings of Coroner Rofiah Mohammad's that Muhammad Adib's death was due to amongst others, police inaction.

“She also found the police at fault for their inaction during the riot, saying if action had been taken, the mob would not have torched the vehicles and the Fire and Rescue Department would not have been involved,” added the former assemblyperson in a statement this evening.

Manoharan said the family must file the action within three years from the date of Muhammad Adib's death on Dec 17, 2018, which is on or before Dec 16, 2021.

“As action against the police and government have a three-year time bar under the Limitation Act and Public Authorities Protection Act.

“As such, I advise the dependents, i.e. his parents, to sue the police and the government of Malaysia for the death of the firefighter due to gross negligence of the police without any further delay,” he added.

Following the 41-day inquest, the coroner, on Sept 28, ruled that the 24-year-old firefighter had died as a result of criminal acts by two or three unidentified assailants.

Citing the police inaction as a contributing factor, she said: “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 FRU 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," she added.

Following this, Inspector-General of Police Abdul Hamid Bador said police would determine if the standard operating procedure (SOP) for riot control was followed during the Seafield temple incident.

"The SOP is there. Whether it was followed or not, we can check why (if) the SOP was not followed.

"But the SOP will not change, I see no need to change it," he said.

Muhammad Adib died at the National Heart Institute after succumbing to injuries sustained during riots near the Seafield Sri Maha Mariamman Temple in Subang Jaya, Selangor, about a month earlier. - Mkini