Govt fails to overturn RM450,000 police lockup death damages award

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PUTRAJAYA: The Court of Appeal has dismissed the government’s appeal to overturn an award of RM450,000 in damages to a widow and her son who filed a negligence suit following her husband’s death in custody seven years ago.

A three-member bench chaired by Justice Lee Swee Seng said there was no good reason to interfere in the finding of facts by the trial judge.“The injuries sustained by the deceased are irresistible in light of evidence by a forensic pathologist,” said Lee who sat with Justices Collin Lawrence Sequerah and Azizul Azmi Adnan.

He said the government’s appeal, on the RM150,000 awarded for misfeasance in public office and another RM200,000 for aggravated damages, was also not manifestly excessive.“Taking into account the conduct of the police, the damages are justified,” he said, awarding RM15,000 in costs to M Vimala Devy and her son Thusataran.

A forensic pathologist had testified that the deceased suffered multiple blunt force trauma wounds and the age of these wounds coincided with the time he was arrested and detained in the lock-up. The statement of claim said Segar, who worked as a food stall assistant, and his friend S Mogan were detained by the police about 10.30pm on April 17, 2017, for allegedly being involved in drug abuse.

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