Court allows AG's appeal to set aside contempt proceeding against him

The High Court in Shah Alam today ruled to allow Attorney-General Tommy Thomas' appeal to set aside permission granted for a coroner's court to proceed with a contempt proceeding against him.

Thomas had appealed to set aside the permission granted last year in an application filed by Mohd Kassim Abdul Hamid (above), father of the late firefighter Muhammad Adib Mohd Kassim.

"This court is of the view that the appellant's appeal has merit and will be allowed," High Court judge Meor Hashimi Abd Hamid said at the end of his judgment.

Earlier, Justice Meor Hashimi said among matters considered was that it was found the coroner had failed to take into consideration all material facts related to the purported act of contempt by Thomas.

He said the respondent was found to have selectively disclosed only facts which supported his contempt application against Thomas.

Further, the judge said, the respondent had also failed to draw the coroner's attention to the entirety of Thomas' media statement dated May 28 last year.

Instead, the coroner only took into consideration several paragraphs from the media statement, particularly on the role of lawyer Syazlin Mansor, who appeared for the Housing and Local Government Ministry, the Fire and Rescue Department, and the late Adib's family, Justice Meor Hashimi added.

Counsel for Mohd Kassim, Haniff Khatri Abdullah, later told reporters an appeal would be filed against today's decision.

"We have been advised that if the decision today is not in favour of Adib's family, the family will proceed to appeal," said Haniff, who noted there were questions to be raised on the burden of proof in criminal contempt cases, as well as on the affidavits submitted.

Mohd 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. - Mkini