Kugan case: Police, government appeal hearing postponed to Feb 28

The Court of Appeal has fixed next Feb 28 to hear the appeals brought by the police, the Government and a former constable against a High Court decision which found them liable for the death of A. Kugan and ordered them to pay his family RM801,700 in damages.

A three-member panel was supposed to hear the two appeals Monday, but Justice Datuk Mohamad Ariff Md Yusof who chaired the panel, postponed the hearing to Feb 28 to give the parties a full day to submit as he viewed the matter was of public interest.

This is because the panel, which also comprises justices Datuk Mah Weng Kwai and Datuk David Wong Dak Wah has to preside over other court matters Monday, which had been set before them.

"This is a case which quite clearly requires time. It is a public interest matter. We propose to give you another day so that we can concentrate on the two appeals," said Mohamad Ariff.

The police and government were represented by senior federal counsel Azizan Md Arshad while lawyer Ramesh Sivakumar appeared for former police constable V. Navindran in Monday's proceeding.

Lawyers R. Sivarasa and Bani Prakash represented Kugan's mother, N. Indra, who filed the civil suit against then Selangor police chief Tan Sri Khalid Abu Bakar, who is now Inspector-General of Police (IGP), Navindran, former Subang Jaya police chief ACP Zainal Rashid Abu Bakar (now deceased), the IGP and the Government.

Indra, 46, sued the appellants over her son's death in police custody at the USJ Taipan police station on Jan 20, 2009. Kugan, 22, was detained as a suspect in a luxury car theft case.

On June 26 this year, High Court judge Datuk V. T. Singham (now retired) allowed Indra's civil and ordered the appellants to pay Kugan's family RM192,000 for loss of support, RM9,700 for funeral expenses, RM50,000 for pain and suffering, RM50,000 for assault and battery, RM100,000 for false imprisonment, RM100,000 for misfeasance of public office and exemplary damages of RM300,000.

The police, the Government and Navindran filed their respective appeals. Navindran was sentenced to three years jail after he was found guilty by the Sessions Court on two counts of causing hurt to Kugan.

In their memorandum of appeal, the appellants said they were appealing against the judgment which found them liable for Kugan's death, as well as the punitive and exemplary damages awarded to Kugan's family.

They contend that the High Court's decision in awarding damages for misfeasance of public office was wrong and went beyond the Civil Law Act 1956.

The appellants claimed under that Act, there was a limitation to Kugan's estate's claim but the High Court went beyond that in awarding damages for misfeasance of public office.

The police, Government and Navindran contend that Indra had filed the legal action under Section 7 and 8 of the Act which confined to estate and dependency claim and did not provide for misfeasance of public office.

Azizan said Kugan's case was the first in Malaysia where an award for misfeasance of public office was given and the court's decision on this matter was crucial as it was seen as a precedent for other cases.