Government withdraws leave to appeal in death in custody case

PUTRAJAYA: The mother of a factory worker, Kamarulnizam Ismail who died in prison eight years ago, will get RM302,800 in damages as the government has withdrawn its leave to appeal application in the Federal Court.

Rahaya Salleh's counsel M. Visvanathan, when contacted, said the government had on June 17, this year filed the notice of discontinuance of the application, which was supposed to be heard in the Federal Court today.

Visvanathan said following the withdrawal application by the government, the Court of Appeal's decision in awarding RM302,800 to Rahaya stands.

He said the government would also have to pay interests as well as costs of RM36,000 for the proceedings in the High Court, Court of Appeal and Federal Court.

On July 7, last year, the appellate court's three-member bench comprising Justices Datuk Yaacob Md Sam, Datuk Wira Ahmad Nasfy Yasin and Datuk M. Gunalan awarded Rahaya RM250,000 in general damages for negligence, RM40,800 for dependency claim, RM10,000 in special damages and RM2,000 for funeral expenses.

Justice Ahmad Nasfy, who delivered the Court of Appeal's decision, said Kamarulnizam, 39, was placed under remand from one lockup to another and was subjected to a long process of interrogation by different investigating teams.

He said Kamarulnizam was charged on March 4, 2014 and he pleaded guilty to the charge and was placed in the lock-up before taken to Tapah Prison a day later.

The judge said the deceased's health condition deteriorated and nobody in the police cared about it, adding that his lung infection could not just developed in one night and he was also deprived of medical attention.

It was reported that the Magistrate's Court in Penang had given Kamarulnizam a fine of RM800 in default 14 days' jail after he pleaded guilty to committing offences under Section 29 of the Minor Offences Act 1957 and Section 89 of the Police Act 1967.

Kamarulnizam, who was working in a sugar refinery in Penang, chose to serve the jail term as he needed the money to repair his car, despite his father showing up at the court to settle the fine.

Rahaya filed the suit against the police, prison officials and government on March 3, 2017, seeking dependency claim, misfeasance of public office, and aggravated, exemplary and special damages after her son died at Tapah Prison in 2014.

-- BERNAMA