SHAH ALAM — April 30, 2019: A court has allowed an application by the officer handling the inquest to recall witness Dr. Ahmad Hafizam Hasmi of the Kuala Lumpur Hospital who conducted the autopsy on firefighter Muhammad Adib Mohd. Kassim.
High Court judge Datuk Indera Ab. Karim Ab. Rahman made the decision after finding that the coroner’s court had erred in rejecting the officer’s application.
“I find that there has been a mistake by the coroner in that she took into consideration that proceedings will not end (if a witness is recalled).
“I agree with the application and that only the expert witness be recalled to give his explanation and testimony,” he said.
Karim was of the opinion that that there was no way the inquest would not end as the coroner is in control of proceedings, which are not aimed at accusing any individual but to find out the cause of Adib’s death.
“Based on what was given, the coroner shouldn’t have decided it was enough because there are new things that need to be explained by the witness. The coroner should consider all aspects and not leave out anything, irrespective of whether or not it will have an impact on the decision.”
The application to recall the witnesses was due to a dispute between two experts regarding the mechanism of the injuries sustained by Adib.
Earlier, during the application proceedings, inquest officer Hamdan Hamzah argued that the coroner may have erred by not asking him if he planned to call anymore witnesses after hearing the testimony of former Hospital Canselor Tuanku Muhriz senior forensic and pathology consultant Professor Dr. Shahrom Abd. Wahid.
Shahrom is a pathology expert called by the lawyers for Adib’s family and the government whose testimony differed from that of Hafizam.
Hamdan pointed out that Hafizam was the one who conducted the post-mortem and not Shahrom, who testified as if he had carried out the autopsy.
Lawyer Mohd. Kamaruzaman A. Wahab said his side appeal against the court decision next week.