INQUEST MAY TAKE MORE TIME
Conducting officers want to recall HKL pathologist to rebut a retired colleague’s testimony
THE inquest into the death of fireman Muhammad Adib Mohd Kassim following injuries sustained in an incident outside the Sri Maha Mariamman Temple in Subang Jaya last year will take longer than expected.
This followed the decision by the conducting officers to seek a revision on coroner Rofiah Mohamad’s decision to deny an application to recall pathologist Dr Ahmad Hafizam Hasmi from Kuala Lumpur Hospital (HKL).
Rofiah had initially fixed Monday for all parties to submit their written submissions, with her decision set for May 10.
She has now set aside May 10 to hear the revision.
On Friday, deputy public prosecutor Faten Hadni Khairuddin, acting as conducting officer, had applied to recall Dr Hafizam, who conducted the post-mortem on Adib with HKL Forensics Department head Datuk Dr Mohd Shah Mahmood.
This was to introduce new evidence to rebut a retired pathologist, who testified that Adib could not have sustained his injuries from a vehicular accident.
However, counsel Syazlin Mansor, who is representing the Housing and Local Government Ministry and the Fire and Rescue Department, objected to the application.
Rofiah said she was satisfied with the testimonies by both witnesses, who were called to present the post-mortem report, reconstruction of the incident and their theories.
“There should be no rebuttal statement as the inquest is only trying to identify the cause of death. There is no latest development from both witnesses and I do not think it is necessary to call them again.
“The conducting officers and lawyers are here to assist the coroner in making the decision.”
Rofiah said there was no application by the conducting officers for Dr Hafizam and Dr Shah to conduct a new test on the Emergency Medical Response Service (EMRS) van.
“I believed the test is merely to support their theories, which to a certain extent, was to counter previous witness Professor Dr Shahrom Abdul Wahid’s theory.
“If I allow this to happen, Dr Shahrom will also be recalled to counter the duo’s latest findings… when is this going to end?”
Deputy public prosecutor Hamdan Hamzah, also acting as conducting officer, then stood up and said they would file a revision over the ruling under Section 341(a) of the Criminal Procedure Code at the High Court.
This led Rofiah to change the decision date into a hearing of the revision.
Earlier, Dr Shah and Dr Hafizam, the 27th and 24th witnesses respectively, testified that the injuries sustained by Adib were not consistent with those from being kicked or punched.
They also ruled out the possibility that Adib had been pulled out of the EMRS van on the night of the incident as there were no bruises or marks found on the left side of the deceased’s body.
However, Dr Shahrom, a retired pathologist from Universiti Kebangsaan Malaysia Hospital, claimed that the pathologists had made an incorrect hypothesis on how Adib sustained his injuries.
He also dismissed the findings that Adib could have voluntarily alighted from the EMRS van, and was hit on his back by the van door before being hurled onto a road kerb.
It was claimed that Adib, 24, died from severe injuries sustained after he was allegedly assaulted by rioters at the Sri Maha Mariamman Temple in Subang Jaya on Nov 27.
He was part of an emergency response team despatched to the scene to douse a vehicle which had been set on fire.
Despite showing signs of recovery while being treated at the National Heart Institute, Adib died on Dec 17.