PEGUAM NEGARA MALAYSIA v. MOHD KASSIM ABD HAMID

[2022] 4 MLRA 521
Court of Appeal, Putrajaya
Suraya Othman, Abu Bakar Jais, Hashim Hamzah JJCA
[Criminal Appeal No: B-06B-47-12-2020]
Suraya Othman, Abu Bakar Jais, Hashim Hamzah JJCA

JUDGMENT

Hashim Hamzah JCA:

Introduction

[1] Sometime in December 2018, Tan Sri Tommy Thomas, the then-Attorney General ("AG") in his capacity as the Public Prosecutor ("PP"), had directed for an inquiry of the death of Muhammad Adib bin Mohd Kassim ("the deceased") to be carried out pursuant to s 339(1) of the Criminal Procedure Code ("CPC").

[2] The deceased was a firefighter who was injured amid a violent riot within the vicinity of Sri Maha Mariamman Temple in Seafield on 27 November 2018. He succumbed to his injury and passed away on 17 December 2018. Pursuant to the said direction, an inquiry was held by the learned Sessions Court Judge ("SCJ") Rofiah binti Mohamad, who was sitting as a Magistrate in holding the said inquiry.

[3] The deceased's family, the Fire and Rescue Department ("FRD") and the Ministry of Housing and Local Government ("the Ministry") were all acknowledged as interested parties and were allowed by the learned SCJ to hold watching briefs in the inquiry. They were represented by Ms Syazlin Mansor.

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