Application by govt, four others to stay judgment on damages of RM3.1 million in botched circumcision case dismissed

KUALA LUMPUR: The High Court here today dismissed an application by the Malaysian Government and four other parties to stay the execution of a judgment regarding the payment of damages amounting to RM3.1 million to a man who lost the head of his penis in a botched circumcision 12 years ago.

Judge Datuk Akhtar Tahir dismissed the application on grounds that there were no special circumstances for the court to grant a stay of execution of the judgment as by the defendants.

"The grounds of appeal have been filed (by the five defendants) in the Court of Appeal and the problem in the procedure to withdraw money from the Treasury is not a special circumstances," he said.

He said the concern by the defendants that the money could not be refunded by the youth if they won in their appeal at the Court of Appeal was not a special circumstance that justified the court granting a stay of execution of the judgment.

"An appeal at the Court of Appeal will not take long to be heard. So, it is not possible that that the amount of money (RM3.1 million) can be spent in a short time. Therefore, the application is dismissed with cost of RM3,000," he said.

Apart from the government, the other four defendants are Kuala Lipis Hospital's medical officer and director and the Selayang Hospital's specialist and director.

They are appealing against Judge Akhtar's decision last April 7 in awarding damages of RM3.1 million to the 22-year-old.

In a written judgment, issued last May 27, the judge said the delay of medical staff in treating the man's injuries had dashed the plaintiff's hope of saving his private part.

The man filed the suit on July 19, 2018, through his mother, claiming that during the circumcision process performed on Dec 13, 2010, it was not done according to the prescribed procedure, resulting in the entire head of his son's penis to be severed.

As a result of that, she claimed that her son had suffered permanent disability and become a quiet person.

-- BERNAMA