Written by: Averroes
(1.0) Introduction
Muhammad Adib bin Mohd Kassim passed away on 17th December 2018 at the Institut Jantung Negara (IJN), however it was unknown who caused his death due to the severe injuries he suffered.
His injuries were sustained when he was at a rioting scene at the Seafield Sri Maha Mariamman temple, in Subang Jaya on 27th November 2018. There were speculations by the Temple's representatives that his injuries were a result of an accident.
Though, the police through the Inspector-General of Police Mohamad Fuzi Harun, were quick to respond that those speculations were false.
What's more shocking that our previous Attorney-General, Tommy Thomas filed an affidavit that Adib's death was 'not' because of injuries inflicted by someone. Adib's father then initiated a 'committal proceeding' against him for disrespecting the court. He also made a media statement on this.
Clearly, the Coroner's Court September 27th 2019 found that the death of Adib was caused by 'more than two unknown persons'. The inquest and the findings by Coroner Rofiah Mohamad (sitting as as Sessions Judge) after 9 months found that blunt chest traumas on Adib's chest and that it was not self-inflicted or an accident.
It was purely criminal in nature. Adib's family and fiancé broke into tears after the Coroner's findings. The coroner added that, if there were Federal Reserve Unit (FRU) who could control the riots, a vehicle would not have been set ablaze and that Adib's demise would have been avoided.
(1.1) Former AG to face contempt charges
The case for contempt or committal proceedings was ordered by the Coroner's Court in Attorney General of Malaysia v Mohd Kassim bin Mohd Hamid [2020] 9 MLJ 312;
Clearly, any statement that is contrary to the Coroner's findings, including Tommy Thomas and others are disrespectful and has no evidence or basis to suggest otherwise. It would pervade into the transparency of the investigations and stalled its progress.
Though, Thomas won the appeal that allowed him to go the High Court, but the High Court allowed the family to still initiate contempt proceedings in the Coroner's Court. Hence, an appeal was made to the Court of Appeal.
The Court of Appeal ruled that the Coroner had the jurisdiction to leave to commence committal proceedings against Tommy Thomas, including the power to hear and punish for any kind of contempt, albeit in the face of a court or not. However, Thomas would be appealing to the Federal Court.
(1.2) More surprises
Later, one of our Ministers, Zuraida Kamarudin in late September 2021, stated that investigations involving the demise of Adib Mohd Kassim would be suspended temporarily. If investigations are suspended indefinitely, then evidence are difficult to collect.
Despite the statements made by the Minister, a Special Committee was tasked to investigate the demise further. They were also requesting assistance from the public, including gathering evidences of photos and videos.
The investigation started back in January 2022 with the support of the police, fire and rescue department as well as the Attorney-General's Chambers. The father of Adib saw the Special Committee as a ray of hope to finally find justice for his son.
He hoped that with this initiative, the investigations would be fair and transparent. The Special Committee as stated by the Prime Minsiter Ismail Sabri, would also be chaired by Datuk Seri Wan junaidi and members of the Home Minister and the Housing and Local Government
(2.0) Who are the murderers?
While investigations were almost disrupted by irresponsible online speculations, affidavits and statements made by politicians and high-ranking individuals, there are efforts to investigate Adib's demise further.
Apart from the Special Committee, there is also a criminal case involving 17 rioters at the scene for rioting and possession of weapons. They were charged as under section 148 of the Penal Code.
Among them could possibly be one of the murderers. The 10th prosecution witness did not saw among the 200 youths invading the temple causing harm to anyone or even lighting a vehicle. The case of Adib is being highly politicised.
The government compensated the family with RM1.5 million and that a certain political party was applauded for their efforts to protect and serve justice upon Malaysians. Was it to garner political mileage and support in the upcoming elections?
Someone's death and pain was exploited for fame and approval of the rakyat. We don't know, as these are speculations too.
(3.0) What is the Coroner's Court?
According to section 337 of the Criminal Procedure Code (CPC), a magistrate has the power to hold an inquiry and ask where, how and when and after what manner did the decease die and if any person was criminally concerned in the cause of death.
Originally, the Coroner's Court was established to inquire deaths of persons in custody of police or any asylum which is then codified as under section 334 of the CPC. The widespread public concerns of custodial deaths is worrying.
Therefore, in April 2014, the Judiciary established 14 Coroner Courts to determine how a person died. Fourteen senior Sessions Court Judges were appointed as coroners and that such inquests are to be disposed of in nine months. The coroner would be assisted by a medical doctor.
Even if the Coroner Courts only existed recently, the role and responsibility of a Coroner still existed before 2014, but without the actual Coroner Court itself of course.
In Janagi a/p Nadarajah & Anor v Sjn Razali bin Budin & Ors [2021] MLJU 2023, the accused was not given medical attention and died in police custody due to the negligence of the defendants and breach of statutory duty.
The Coroner Court found that he died from 'Acute Myocardial Infarction due to Coronary Bypass Graft Disease' and 'Hypertension, Diabetes Melitus and Stroke'.
Without the medicine, the accused would have survived and no trace of medicine was found in his internal organs. Clearly, the police had caused his death while in custody and ignored is medical needs, especially when they arrested him while he was visibly ill at the time.
Back in 2007, the Inquest into the Death of Anthony Chang Kim Fook [2007] MLJU 1 the Coroner's court only inquires into the death by asking asking questions and not to decide the penal offence in his verdict. If not, he would be exceeding the powers of the Public Prosecutor as under article 145(2) of the Federal Constitution.
In an inquest, there are no parties, no indictment, no prosecution, no defence and no trial. It is only an inquisitorial process. A coroner is only there to find facts.
According to section 341A of the CPC, if we are not satisfied with the Coroner's findings, we may revise it. In Inquest into the Death of Rumie bin Mahlie [2007] MLJU 280 the family was not convinced that the Coroner found that Rumie died by committing suicide by jumping off a 9th floor of the STA building.
However, the court dismissed the family's application for the lack of evidence for a potential murderer.
(4.0) Conclusion
Investigations are still ongoing after a 3-year battle to uncover the battle of what happened to Adib and justice to be served upon him. Hopefully, more evidence and fresh facts would be adduced to further help in the investigations. For now, let us pray and wish that not only Adib, but other family members who are dependent on the Coroner's findings to reveal what actually happened to their loved ones.
(5.0) References;
Bernama (March, 2022) Panel on Adib’s death wants public to come forward with evidence. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2022/03/15/panel-on-adibs-death-wants-public-to-come-forward-with-evidence/
Astro Awani (September, 2021) Jangan tutup siasatan kes Muhammad Adib walau sementara. Retrieved from, https://www.astroawani.com/berita-malaysia/jangan-tutup-siasatan-kes-muhammad-adib-walau-sementara-ppmm-322423
Norafiza Jaafar. (September, 2021) Pembela kecewa kes Muhammad Adib ditutup. Retrieved from, https://www.sinarharian.com.my/article/164111/BERITA/Semasa/Pembela-kecewa-kes-Muhammad-Adib-ditutup
Berita Harian. (December, 2018) Kronologi kes kematian Muhammad Adib. Retrieved from, https://www.bharian.com.my/berita/nasional/2018/12/510544/kronologi-kes-kematian-muhammad-adib
Yen, H. (January, 2022) Court of Appeal to decide on coroner's power to start contempt proceedings. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2022/01/11/court-of-appeal-to-decide-on-coroners-power-to-start-contempt-proceedings/
New Straits Times. (October, 2021) 'Ray of hope' for Adib's family. Retrieved from, https://www.nst.com.my/news/nation/2021/10/735001/ray-hope-adibs-family
Khairiah N.Karim, Rahmat Khairulrijal, Chan, D. (September, 2019) Inquest verdict: Adib's death wasn't an accident, rules coroner. Retrieved from, https://www.nst.com.my/news/crime-courts/2019/09/524993/inquest-verdict-adibs-death-wasnt-accident-rules-coroner
Bernama (8 February, 2022) Firefighter Adib's case: Court Rules coroner has power to hear commital proceedings against ex-AG. Retrieved from, https://www.malaymail.com/news/malaysia/2022/02/08/firefighter-adibs-case-court-rules-coroner-has-power-to-hear-committal-proc/2040215
V Anbalagan (February, 2022) I did not see anyone attacking firefighter, witness tells court. Retrieved from, https://www.freemalaysiatoday.com/category/nation/2022/02/25/i-did-not-see-anyone-attacking-firefighter-witness-tells-court/
Chief Justice's Speech for the Opening of the Legal Year 2017 [2017] 1 MLJ i
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