Fed Court rules govt to pay aggravated damages for death in police custody

Prison cell. — DayakDaily.com file pic. // Image by Ichigo121212 from Pixabay

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PUTRAJAYA, March 22: The Federal Court here ruled that the Malaysian government is required to grant aggravated damages to the next-of-kin of a person who dies in police custody.

However, the apex court in the country also ruled that the next-of-kin is not entitled to exemplary damages following the death of their relative in police custody.

According to online portal The Edge Markets, the Federal Court made the landmark decision today after hearing a case involving lorry driver P Chandran who passed away in police custody in Kuala Lumpur in 2013 after his medical needs were not addressed.

The seven-member Federal Court led by Court of Appeal president Tan Sri Rohana Yusuf ruled that Chandran’s family is entitled to be compensated with aggravated damages amounting to RM200,000 but not exemplary damages of the same amount awarded earlier by the High Court and upheld by the Court of Appeal.

The decision was made based on the majority of judges on the seven-member bench.

The members of the Federal Court bench include Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim and Federal Court Judges Datuk Abdul Rahman Sebli, Datuk Zabariah Mohd Yusof, Datuk Seri Hasnah Mohammed Hashim, Datuk Rhodzariah Bujang and Datuk Nallini Pathmanathan.

Those agreeing with Rohana’s decision include Abang Iskandar, Abdul Rahman, Zabariah, Hasnah and Rhodzariah.

Nallini ratified the earlier decisions by the High Court and the Court of Appeal to award the exemplary damages to Chandran’s family. — DayakDaily