Failure of the police and FRU personnel in controlling the riot also contributed to the death of Adib.
The Coroner’s Court today established that firefighter Muhammad Adib Mohd Kassim died after he was assaulted by two or three unidentified people during a riot in the vicinity of a Hindu temple in Subang Jaya last year.
Coroner Rofiah Mohamad, who had led a 41-day inquest to determine the cause of Adib’s death, said that she had come to the conclusion after she was satisfied with all the testimonies of the witnesses throughout the proceedings.
“The blunt chest trauma that led to the death of Muhammad Adib was not of his own doing but the impact of the criminal acts by more than two individuals,” she said.
She also said that the testimony of witnesses at the scene, the Seafield Sri Maha Mariamman Temple in USJ 25, Subang Jaya, also indicated that there had been an assault on someone in the area where about 20 to 30 people had gathered.
Rofiah said the court accepted the testimony of the 29th witness, United Kingdom-based senior consultant forensic pathologist Prof Dr Shahrom Abd Wahid, who said that Adib, 24, was beaten and dragged out of a Fire & Rescue Department van.
Rofiah said omission on the part of the authorities was a contributing factor to his death.
“I also found that the victim’s death was the result of the police’s and FRU’s failure to control the riot.
“Evidence clearly showed that there had been several fire incidents (during the riot) before the victim was involved.
“Firefighters had also been threatened by rioters who didn’t want the flames to be put off, but there were police officers on guard and the fires were successfully put out by the firefighters.
“It was very unfortunate when two troops of FRU with hundreds of personnel and seven various types of vehicles, including water cannon, only watched the rioters attack the firefighters without doing anything.
“They were only standing by with their weapons because they didn’t receive any orders to act, despite the tense situation.”
“If they (police) took the necessary action, the fire would not have happened, and the Fire and Rescue Department would not have come and Adib would not have died.”
She also said that the case has been classified as a criminal case.
“It is now up to the police and the Attorney-General to bring charges,” she added.
Rofiah said the court accepted the theory presented by Shahrom that Adib was injured after he was pinned to the door of the Emergency Services Assistance Unit (EMRS) van, which was forcibly kicked by the rioters.
She said the witness also told the court that Adib was dragged out of the van and before the rioters kicked the EMRS van door again that hit the victim’s hand causing him to sustain scrape wound.
She also referred to the medical assistant at the National Heart Institute (IJN) who testified that Adib had indicated to him that he was pulled from behind and beaten up during the fracas.
Muhammad Ashraf Baruji, who took care of Adib at the ICU for 21 days, told the inquest he had communicated with the fireman using sign language and a whiteboard.
“As such, the theory that Muhammad Adib was thrown out as presented by the 24th witness Dr Ahmad Hafizam Hasmi is completely rejected,” she said.
Ahmad, who conducted the autopsy, had told the court he found no injuries consistent with violent acts.
He also told the court that Adib had been hit by a fire engine despatched to the scene.
His testimony was challenged by lawyers representing Adib’s family as well as the housing and local government ministry.
Also present during the decision were Adib’s family members, including his brother Mohd Ashraf and Adib’s fiancee Nurul Najihah Mohd Radzi.
Housing and Local Government Minister Zuraida Kamaruddin, Subang Jaya Fire Station chief Syed Shahril Anuar Syed Sulaiman and Adib’s fellow firemen from the station were also present.
Adib was part of a nine-man firefighting team from the Subang Jaya Fire and Rescue Department that responded to a fire at the Sri Maha Mariamman Temple, USJ 25, Subang Jaya, where rioters were protesting its relocation on Nov 27, 2018.
During the riot, Adib sustained severe injuries. Accidentally left behind by his teammates, he was taken to Subang Jaya Medical Centre and later transferred to IJN.
Adib was hospitalised for three weeks and despite showing signs of recovery, he died on Dec 17.
Police investigations revealed there were two probabilities that could have led to Adib’s death – one being that he was beaten by the rioters and the other that he was run over by a fire truck.
Following this, an inquest into his death was commissioned as there were no conclusive findings into how Adib was wounded during the riot.
During the inquest, it was revealed that Adib’s death was due to Acute Respiratory Distress Syndrome (ARDS) and multiple organ failure.
IJN cardiothoracic surgeon senior consultant Datuk Dr Mohamed Ezani Md Taib, who revealed the cause of death, said the ARDS or lung failure occurred due to major blunt trauma suffered by the deceased.
Thirty witnesses, including several experts, were called to testify in the proceeding which began on Feb 11.
Among the expert witnesses called were Kuala Lumpur Hospital forensic specialist Dr Ahmad Hafizam Hasmi, a cardiothoracic surgeon at the Subang Jaya Medical Centre and Prof Dr Shahrom.
A total of 137 exhibits were submitted with various arguments raised by the parties involved before the proceeding came to a close on July 24.
Deputy public prosecutor Faten Hadni Khairuddin acted as the coordinating officer in the inquest while Adib’s family was represented by a panel of lawyers comprising Syazlin Mansor, Mohd Kamaruzaman Abdul Wahab, Ahmad Taufiq Baharum, Yahaya Othman and Zamri Ibrahim.
Senior federal counsels, namely Suzana Atan and Mazlifah Ayob from the Attorney’s General Chamber were appointed to represent the Housing and Local Government Ministry and the Fire and Rescue Department.