The Shah Alam High Court has fixed Dec 12 to hear Attorney-General Tommy Thomas' appeal against contempt proceedings brought on by the father of late firefighter Muhammad Adib Mohd Kassim.
High Court judge Meor Hashimi Abd Hamid made the ruling in dismissing an application by Mohd Kassim Abdul Hamid to strike out Thomas' appeal against the Aug 27 decision of coroner Rofiah Mohamad to allow leave to begin committal proceedings.
"Today's decision is on the application by the father of the deceased to strike out the appeal by the attorney-general.
"The court decided to dismiss the application on grounds that ruling of the Coroner's Court is appealable," lawyer Zainur Zakaria, who appeared for Thomas, told reporters after the proceeding this morning.
"The court has fixed Dec 12 for the hearing of the appeal by the attorney-general against the decision made by the coroner," said the lawyer.
Zainur (photo) further said the outcome of the hearing on Dec 12 will determine whether the contempt proceedings against Thomas will proceed or otherwise.
"If the appeal is allowed, then there will be no hearing of the substantive application for committal," he added.
Thomas will also be represented by senior lawyer Ambiga Sreenivasan, while lawyers Mohd Zubir Embong and Aidil Khalid acted for Adib's family.
Kassim had on July 16 filed an ex-parte application to initiate committal proceedings against Thomas over an affidavit which indicated that Adib did not die from injuries sustained from the alleged assault.
Thomas had filed the affidavit on April 3 while the inquest into the death of Adib was still underway.
On Sept 27, Rofiah ruled that "more than two unidentified persons" had killed Adib, who died after succumbing to injuries sustained when he was despatched to the scene of a riot outside the Seri Maha Mariamman temple in November last year.
Adib, a member of the Subang Jaya Fire and Rescue Department's Emergency Medical Rescue Service (EMRS), was seriously injured during the Seafield Temple riots on Nov 27 last year.
He died on Dec 17 at the National Heart Institute in Kuala Lumpur. - Mkini
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