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 4 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

Trump’s North Korea gamble deepens Asia’s doubts over US alliances

Malaysia

Rayer denies involvement in 'Maha Kali Red Rally', claims name and photo misused

Malaysia

E-Hailing driver charged with attempted murder after allegedly setting worker on fire

Business

Nation’s economic outlook strengthens as leading index signals continued growth

Malaysia

‘No parent wants her child to be remembered this way,’ says mother of 14-year-old Keziah

Malaysia

RM1.96m Penang land probe: Two ‘Datuks’ remain in custody

Business

K8 cargo: Businessman seeks clarification from MOF, Customs, Petronas

Malaysia

PH leaders hold talks as Melaka election plans take shape

Malaysia

Bersama rejects political alliances, vows to go solo in Melaka state election

You may be interested

Malaysia

Anwar approves additional RM1 million for Hindu crematorium in Seberang Prai

Malaysia

UIAM clarifies Dr Solehah Yaacob no longer with university

By Alfian Z.M. Tahir

Malaysia

Rayer denies involvement in 'Maha Kali Red Rally', claims name and photo misused

Malaysia

Zunar slams PAS supporters for ‘stealing’ cartoons

By Alfian Z.M. Tahir

Malaysia

Hadi Awang's cane fetches RM16,500 at auction for PRN Melaka

Malaysia

E-Hailing driver charged with attempted murder after allegedly setting worker on fire

Malaysia

Ronnie Liu’s PBM may be set to ‘punch above its weight’

Malaysia

Dr M: Minor offenders punished, those who steal millions freed, given high positions