The family of Selangor Customs assistant director Ahmad Sarbaini Mohamed, who was found dead at the Malaysian Anti-Corruption Commission (MACC) office three years ago, filed a RM8 million suit against the government and the MACC.
Masiah @ Maziah Manap (pic), 53, the widow of Ahmad Sarbaini claimed that the defendants had “unlawfully killed” or caused the death of her late husband.
Also being named as defendants are the MACC chief commissioner and six other officers.
The suit, filed by Maziah and her son Shahril, 30, claimed that the defendants should, alternatively, be held responsible for causing Ahmad Sarbaini to fall from the window of the MACC building onto the badminton court in its office premises in Jalan Cochrane on Apr 6, 2011.
They insisted that the defendants were alternatively negligent and had failed in their statutory duties towards Ahmad Sarbaini.
“I just want the truth, I want the case reopened. My dignity and that of my late husband is the most important, this is my chance to defend his memory,” Maziah, who filed the case in at the Duta High Court here today, told Astro AWANI.
They are also arguing that Ahmad Sarbaini’s death has caused them nervous shock, mental distress and extreme sorrow.
Maziah’s lawyer N. Surendran, who filed the suit on her behalf, said that the defendants are accountable for Ahmad Sarbaini's death.
"Or in other words, murdering him, or alternatively their negligence caused his death,” he said when contacted.
The defendants, claimed the plaintiffs, had also hidden the true cause of death of Ahmad Sarbani in order to free MACC of any responsibility over the case, with full knowledge that their own officers had caused the tragedy.
An inquest was held and in Sept 2011 where the coroner had ruled out murder, foul play and suicide in the death of Ahmad Sarbani, then 56-years-old.
Coroner Aizatul Akmal Maharani had found that the admission by Ahmad Sarbani to MACC on Apr 4 to receiving bribes from two forwarding agents had affected his thinking.
Aizatul also found that pressure resulted in Ahmad Sarbani wanting to retract his admission of guilt, which was why he returned to the MACC office on April 6.
As such, the coroner said that Ahmad Sarbani's death was an accident, adding that the theory that he was murdered could not be supported. The coroner then issued a verdict of misadventure.
The family, however, had rejected the verdict.
Ahmad Sarbani was found dead on the badminton court located at the first floor of the MACC office on April 6, 2011.
He was among 62 Customs officers detained by MACC in a graft probe, involving losses of up to RM2.2 billion in under-declared taxes.
Astro Awani
Fri Apr 04 2014
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