Malaysia

Govt, police seek Federal Court permission to appeal custodial death ruling

The Federal Court will now consider whether the government and police may proceed with their appeal, potentially reopening legal debate on accountability and custodial negligence in Malaysia

Updated 5 months ago · Published on 26 Mar 2026 6:24PM

Govt, police seek Federal Court permission to appeal custodial death ruling
Appeal to Federal Court of Malaysia could redefine accountability and legal thresholds for custodial deaths in Malaysia - March 26, 2026

THE government and the Royal Malaysia Police have filed an application with the Federal Court seeking permission to appeal a previous ruling that held both parties vicariously liable for the death of a grave digger while in police custody in 2019.

M. Visvanathan, the lawyer representing the deceased’s mother, Fadhelah Othman, confirmed to Bernama that the application was filed last month and has been forwarded to his law firm. The Federal Court has scheduled case management for 30 March.

Through the notice of motion, the government and police are seeking leave to challenge the Court of Appeal’s decision on 26 January, which had upheld the High Court’s finding that both the police and the government bore responsibility for the death of Mohd Fadzrin Zaidi.

The legal filing also presents two specific questions of law for consideration by the Federal Court.

Mohd Fadzrin, 29, had been detained in a police raid related to drugs on 20 November 2019 and remanded for seven days.

He was held at the Seberang Perai Utara District Police Headquarters lock-up, where he was found hanging in his cell the following morning.

In 2022, Fadhelah filed a lawsuit at the Georgetown High Court against the police and government over her son’s death.

In May 2024, the High Court ruled in her favour, determining that the police were negligent in failing to prevent Mohd Fadzrin from taking his own life while in custody, and that the government was vicariously liable for this negligence.

The court awarded Fadhelah RM147,600 in damages and RM50,000 for legal costs.

The Court of Appeal later dismissed the governments and police’s appeal against the High Court decision but reduced the total damages to RM97,600.

The award included RM57,600 for loss of dependency, RM30,000 for pain and suffering, and RM10,000 in special damages, while overturning the RM50,000 aggravated damages initially granted by the High Court.

The appeal by Fadhelah to increase aggravated damages and compensation for loss of dependency was also rejected by the Court of Appeal.

The Federal Court will now consider whether the government and police may proceed with their appeal, potentially reopening legal debate on accountability and custodial negligence in Malaysia. March 26, 2026

Spotlight

Malaysia

Bersatu-PAS cooperation ends, Muhyiddin says, as PN rift deepens

Malaysia

Calls grow for arrest of Nadzaruddin, Exco, for treason

Malaysia

Loke offers to resign as Transport Minister following Pardons Board decision

Malaysia

UMNO’s fundraiser for Najib draws sharp criticism on social media

Malaysia

Home Ministry yet to receive formal order on Najib house arrest

By Alfian Z.M. Tahir

Malaysia

PH Melaka, Bersatu in talks for wider election pact

You may be interested

Malaysia

Azalina: A pardon does not put anyone above the law

Malaysia

Woman, 21, killed after motorcycle crushed by trailer in Alor Setar

Malaysia

MCMC identifies accounts, individuals in probe into viral 2018 video

Malaysia

21 air monitoring stations record unhealthy readings

Malaysia

Three motorcyclists killed, nine injured in 15-vehicle crash in Ipoh

Malaysia

Indonesia gives green light for Malaysia to fight haze-linked fires

Malaysia

Bangladeshi man sent for psychiatric evaluation after KLIA disturbance

Malaysia

Calls grow for arrest of Nadzaruddin, Exco, for treason