The family of late firefighter Muhammad Adib Mohd Kassim have filed a notice to withdraw their appeal for committal proceedings against former attorney-general Tommy Thomas.
Adib’s father, Mohd Kassim Abdul Hamid, had filed two appeals at the Court of Appeal, one of which was against a High Court decision allowing Thomas’ application to set aside the committal proceedings against him.
Messrs Mohd Zubir Embong & Associates, the legal firm representing Adib’s family, in a statement today said they were ordered to withdraw the appeal as Adib’s family no longer wanted to prolong the matter.
According to the statement, the firm filed the notice to withdraw the appeal on May 31, following which the Attorney-General’s Chambers (AGC) withdrew the application for leave to appeal to the Federal Court.
The AGC, representing Thomas, had appealed against the decision of the Court of Appeal on Feb 8 ruling that the coroner hearing the inquest into Adib’s death had the jurisdiction to issue leave to commence committal proceedings against Thomas.
“In this regard, the family of the late Adib considers that the process of the contempt of court proceedings against Thomas and the Attorney-General’s Chambers has been disposed of and is over, and hopes that society will allow the family start a new life.
“At the same time, it should be noted that the settlement at this appeal stage did not in any way tamper with or alter the decision and findings by the Coroner’s Court on Sept 27, 2019, which confirmed that Adib was beaten to death (although the killer had yet to be found) and that his death was also contributed by the failure of the Royal Malaysia Police and the Federal Reserve Unit to control the riot,” the statement said.
It also said that the grounds of the 52-page judgment by the coroner had never been overruled by any higher court and thus remained an authoritative finding of fact.
The law firm said the decision by Adib’s family to withdraw the appeal for committal proceeding did not mean that the search for his killer could not be continued by the police as there is no legal time limit for criminal investigation.
“The fight to seek justice for a government employee killed while on duty to maintain peace can also be continued by any concerned civil society, the public, as well as NGOs,” it said.
On Nov 29, 2021, Adib’s family received RM1.5 million in compensation from the government for the tragedy that befell the firefighter, who was a member of the Emergency Medical Rescue Services unit from the Subang Jaya Fire and Rescue Station.
He sustained serious injuries during a commotion at the Sri Maha Mariamman Temple in USJ 25, Subang Jaya, on Nov 27, 2018 and died on Dec 17 after 21 days at the National Heart Institute.
On Sept 27, 2019, the Coroner’s Court established that Adib had died after he was assaulted by two or three unidentified people during the riot.
Meanwhile, lawyer Aidil Khalid, representing Kassim, when contacted by Bernama, said the AGC withdrew its appeal at the Federal Court yesterday.