Sister loses negligence suit against former IGP

Sister of R. Gunasegaran, who died in police custody four years ago, lost her suit against a former inspector-general of police (IGP), the government and 10 others over alleged negligence and misconduct.

In dismissing R. Ganga Gouri's suit, High Court judge Datin Yeoh Wee Siam ruled that the plaintiff had no locus standi to commence the action against the 12 defendants as she had not yet been legally appointed as representative or administrator of the deceased's estate.

"The court holds that since the plaintiff is not the wife, parent or child of the deceased but is his sister, the plaintiff is not allowed to file this action on behalf of herself," she said.

Yeoh also held that the defendants were not liable for the acts of negligence alleged by the plaintiff, and therefore dismissed the suit with no order as to costs.

On July 13, 2012, Ganga Gouri filed the suit and named former IGP Tan Sri Musa Hassan, the Government of Malaysia, Sentul police chief ACP Zakaria Pagan, ASP Mohamad Idris Omar and seven policemen attached to Sentul police and the custodian of the body at the Forensics Department of the Kuala Lumpur Hospital (HKL) as defendants.

In her statement of claim, Ganga Gouri alleged that the negligence of the seven policemen in carrying out their duties resulted in the death of Gunasegaran at the Sentul police station lock-up on July 16, 2009.

She held ACP Zakaria and Musa liable for not ensuring the men complied with standard operating procedures.

The factory operator further held that negligence on the part of the person responsible for his body at the Forensics Department at HKL caused it to decompose and emit a stench.

She sought general, special and aggravated damages, interest, costs and other relief deemed fit by the court.

On July 19, the High Court here ruled that the decision of the coroner in arriving at an open verdict during the inquest into Gunasegaran's death was valid.

On Nov 3, 2010, Ganga Gouri had filed for judicial review at the High Court on the Coroner's decision delivered on Oct 25, 2010.

Gunasegaran, 31, collapsed while being fingerprinted between 6.45pm and 7 pm on July 16, 2009 and died at HKL at 7.40pm the same day.

Ganga Gouri was represented by counsel M. Visvanathan while Senior Federal Counsel Nur Aqilah Ishak acted for all the defendants.