Family of Indian wins civil suit against govt in Malaysia

In a landmark ruling, a Malaysian court today found the police and government liable for the death of a young ethnic Indian in custody in 2009 and awarded USD 267,500 in damages to the victim's family.
N Indra, mother of suspected car thief A Kugan who died in police custody, cried on hearing the verdict.
High Court judge VT Singham found the police and government liable for 22-year-old Kugan's death while being detained at the USJ Taipan police station on January 20, 2009.
Justice Singham awarded damages for loss of support, funeral expenses, pain and suffering, assault and battery, false imprisonment, misfeasance of public office and exemplary damages.

He said there was sufficient evidence to establish Indra's claim against the defendants, saying that custodial death was a serious crime.
"As soon as the crime is reported or comes to public knowledge, the highest authority of police must act promptly and ensure the investigation is conducted promptly by an independent investigation agency, or at least an inquest is held or recommended," he said.

Indra, 46, had named then Selangor police chief Khalid Abu Bakar, who is now Inspector-General of Police, former constable V Navindran, former Asst Comm Zainal Rashid Abu Bakar (deceased), the Inspector-General of Police and the Government as defendants.

Justice Singham ruled that the defendants cannot plead ignorance or lack of knowledge as to what happened to Kugan during his seven-day detention period.
He said the court was unable to accept that the grievous injuries found on Kugan was solely based on an assault incident by Navindran on January 16.
He said the nature of injuries on Kugan, who sustained 45 categories of external injuries on his body and wide range of internal injuries, spoke volumes of what had happened during his detention.
Justice Singham ruled that Khalid and Zainal Rashid were liable for misfeasance in public office.
In January last year, Indra filed the 100 million Ringitt suit seeking damages over alleged negligence, assault, false imprisonment and misfeasance of public office as well as breach of statutory duties.

Speaking to reporters here, Indra's co-counsel Latheefa Koya said it was a landmark ruling on misfeasance of public office.
Meanwhile, Home Minister Zahid Hamidi said his Ministry was taking the issue of deaths in custody "very seriously".
"Any incident will be investigated. Action will be taken by the Home Ministry," he said in parliament to a question.
He said there had been 231 cases of death in lock-up from 2000 to mid 2013.