Dead prison detainee's father won negligence claim

M. Ghaur Chandram, 57, filed the action in 2009 following 23-year-old Uthayachandran's death on May 18, 2008. He named the Home secretary general and Sungai Buloh Prison director as first and second respondent respectively.

He also named the Sungai Buloh prison hospital medical officer, two prison wardens, and the Malaysian government as the third to sixth respondent respectively.

Justice Datuk Nik Hasmat Nik Mohamad who had yet to determine the award costs, held that there was evidence of negligence on the part of the prison while the victim was being remanded for investigations into a drug case.

She stressed that the respondents were responsible for the victim's security and health.

The judge also said based on witnesses' testimonies, there were facts showing that the victim had been inside the lockup before being brought down for the food ration process and then attacked by other prisoners when the prison officer left the door open.

She said the prison officer's action was not a practice in the prison rules, while some witnesses had also testified that communication devices such as a walkie talkie was not available during the incident.