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Wednesday, June 15, 2022

Appeals withdrawn - Adib's family resolves contempt suit against Thomas

 


The family of late firefighter Muhammad Adib Mohd Kassim considered their legal action to commit former attorney-general Tommy Thomas for contempt of court has been resolved, according to the family's lawyer.

In a statement, legal firm Mohd Zubir Embong and Associates said this comes after both the family and the Attorney-General's Chambers withdrew their appeals in court.

Prior to this, the AGC had filed an appeal in the Federal Court to challenge the Court of Appeal's decision on Feb 8, where its panel decided that the Shah Alam Coroner’s Court has jurisdiction to grant leave to institute contempt proceedings against Thomas.

At the same time, Adib's family had also appealed against a Shah Alam High Court's decision, which found Thomas has the right to appeal and set aside the leave given to the coroner's court to initiate contempt proceedings against him.

Former attorney-general Tommy Thomas

"Following an order given by Adib's family to withdraw his father's appeal, lawyers filed a notice to court on May 31, 2022. This was followed by a confirmation by the AGC that they have also withdrawn their application to the Federal Court.

"Thus, Adib's family considers that the contempt of court process and proceedings against Thomas and the AGC have been resolved and ends here.

"They also hope that the public would allow their family to move forward and start a new life," the statement said.

Died of assault

The legal firm also confirmed that Adib's family received RM1.5 million compensation from the government on Nov 29, 2021.

However, the statement stressed that the resolution reached by the parties did not in any way affect the coroner's court findings on Sept 27, 2019, which confirmed that Adib died as the result of being assaulted.

"The decision to withdraw the family's appeal also does not mean that the police cannot continue to search for the people responsible for killing Adib, because criminal investigation has no time limit," the legal firm said.

Adib died at the National Heart Institute on Dec 17, 2018, after succumbing to injuries sustained while on duty during riots near the Seafield Sri Maha Mariamman Temple in Subang Jaya, Selangor about a month prior.

In September 2020, coroner Rofiah Mohamad ruled that Adib’s death was a criminal act perpetrated by two or three unidentified assailants during a riot outside the temple last November.

However, investigators have yet to be able to identify the alleged perpetrators. - Mkini

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