Appeals court awards RM213,000 to Ahmad Sarbaini's family after ruling MACC negligent

The Court of Appeal today ruled that negligence by the Malaysian Anti-Corruption Commission led to the death of Selangor Customs assistant director Ahmad Sarbaini Mohamed five years ago, and awarded RM213,000 in damages to his family.

Justice Datuk Mohd Zawawi Salleh, who chaired a three-man bench comprising also Justices Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli, awarded the damages to Ahmad Sarbaini's widow Masiah alias Maziah Manap, 55, and son Shahril, 32, when allowing their civil suit against the respondents.

The damages comprised RM3,000 in burial cost, RM10,000 for bereavement and RM200,000 in aggravated damages. The court also awarded RM20,000 in legal costs to Ahmad Sarbaini's family for court proceedings at the High Court and Court of Appeal.

The respondents were the MACC, the Government, the MACC chief commissioner, director Mohamed Yussuf Akope and five officers – Mohamad Fauzi Hussin, Sheikh Niza Khairy Sheikh Mohamed, L. Baskar, Mohd Rosly Mohd Saupi and Kamal Awang Besar.

Ahmad Sarbaini, who was attached to the Port Klang Customs, was found dead on the first floor of the MACC building in Jalan Cochrane, Kuala Lumpur, on April 6, 2011. He was 56.

Justice Mohd Zawawi said there was an internal directive that any investigation of suspects must be carried out on the first floor of the MACC premises.

"In Ahmad Sarbaini's case, the investigation was carried out in a room on the third floor of the building," he said.

The judge also said that there was a directive that Ahmad Sarbaini, who had gone to the MACC office in relation to a bribery case, should be guarded at all times to avoid the possibility of something bad happening to the suspect.

Justice Mohd Zawawi held that the Kuala Lumpur High Court was in error when it rejected the civil claim brought by Ahmad Sarbaini's family.

The court subsequently allowed the appeal brought by his family to set aside the High Court decision of Aug 17 last year that had dismissed their civil suit.

In her statement of claim, Masiah said her husband's death was a result of the latter sustaining serious injuries inflicted by the respondents.

On Sept 26, 2011, the Coroner's Court delivered a verdict of misadventure and concluded that there were no elements of suicide, homicide or third party involvement in the death of Ahmad Sarbaini.

Outside the court, Masiah, who was in tears, said "Alhamdulillah (Praise be to God), syukur dan biar arwah tenang di sana (grateful, and may you be at peace there)."

Her counsel, Razlan Hadri Zulkefli, said the suit was initiated not for the money but for justice.

Senior federal counsel Kamal Azira Hassan, representing the respondents, said he would seek instruction on whether to bring the matter up to the Federal Court.