PUTRAJAYA – The Court of Appeal has awarded RM302,800 in damages, including for negligence and dependency claims, to the mother of Kamarulnizam Ismail, a factory worker found dead at Tapah Prison in 2014.
A three-member bench led by justice Datuk Yaacob Md Sam awarded RM250,000 in general damages for negligence and RM40,800 in dependency claims to 71-year-old Rahaya Salleh during online proceedings today.
The court also allowed a 4% interest on general damages from the date of the filing of the writ of summons on March 3, 2017 until its decision, and a 5% interest on dependency claims from today until the full settlement of the amount.
Yaacob, sitting with judges Datuk Ahmad Nasfy Yasin and Datuk M. Gunalan, also granted RM5,000 in costs to Rahaya.
Her counsel, M. Visvanathan, told Bernama that his client will get a total sum of RM337,800 not including interest, which is inclusive of special damages of RM10,000, RM2,000 for funeral expenses, RM30,000 in costs for high court proceedings, and RM5,000 in costs for Court of Appeal proceedings.
On June 24, the appellate court partly allowed Rahaya’s appeal for dependency claims and the government’s bid to set aside an Ipoh High Court decision to award the family RM100,000 in damages for unlawful detention and RM50,000 for misfeasance in public office.
It also granted Rahaya special damages and funeral expenses, and increased the costs for high court proceedings from RM12,000 to RM30,000.
However, it upheld the lower court’s decision in finding police, prison officials and the government liable for negligence, and subsequently fixed today to decide on the quantum of damages for negligence and dependency claims.
Nasfy, who delivered the decision today, said RM250,000 is an appropriate sum to be awarded as general damages for negligence, as the deceased was subjected to lengthy detention and interrogation, which affected his physical and mental health.
He said Kamarulnizam, 39, was remanded in different lock-ups and interrogated at length by different investigators.
The victim’s condition deteriorated, but police did not care about this, he said, adding that Kamarulnizam could not have developed lung inflammation overnight and was deprived of medical care.
Kamarulnizam was charged on March 4, 2014 at a magistrates’ court in Penang. He pleaded guilty to offences under Section 29 of the Minor Offences Act 1957 and Section 89 of the Police Act 1967, and was fined RM800 in default of 14 days’ jail.
He opted to serve time behind bars as he needed the money to repair his car, despite his father showing up at court to settle the fine.
He was placed in a lock-up before being taken to Tapah Prison a day later. The high court held that his time in the lock-up was unlawful detention, as under Section 282 of the Criminal Procedure Code, it is mandatory, whenever there is an order, for police to act within a reasonable time to transport those found guilty to prison.
Rahaya sued police, prison officials and the government on March 3, 2017.
In August 2019, the high court ruled that the defendants were liable for negligence, and awarded Kamarulnizam’s family RM100,000 for his unlawful detention and RM50,000 for misfeasance of public office.
Also representing Rahaya was lawyer Sanjay Nathan. Senior federal counsel Azizan Md Arshad, Andi Razali Jaya A. Dadi and Mohd Ashraf Abd Hamid appeared for police, prison officials and the government. – Bernama, July 7, 2021
