RM1.5mil death in custody award overturned

The Court of Appeal today overturned a High Court judgment awarding RM1.537 million to the family of Mohd Anuar Sarip who died in the Rawang police station lock-up in 1999.

The unanimous decision was arrived at by a three-member bench consisting of Judges Abu Samah Nordin, Mohd Hishamudin Mohd Yunus and Aziah Ali.

Named as defendants were then-inspector-general of police Norian Mai, Selayang CID chief Ishak Hussain, Selayang police district chief Massari Hasim and the government of Malaysia.

Speaking to Malaysiakini after the decision, lawyer P Uthayakumar, representing widow Suzana Mohd Arif, said that the decision sends the wrong signal.

"It sends the wrong signal to police, vis a vis cases involving abuse of power , death in custody and death by police shooting, especially at a time the Prime Minister claims to be leading the country to become the world's best democracy," he said.

Uthayakumar (in robes with MohdAnuar's widow on hisright) said that his client will be filing for a leave to appeal the matter at the Federal Court.

In April 2009, then High Court Judge Kang Hwee Ghee found the defendants liable for the death. In June KL High Court judicial commissioner Lee Swee Seng followed up by awarding a total of RM1,537,220 to the widow.

This was appealed by the defendants, while Suzana cross-appealed for a figure of RM4,757,250.

Victim was throwing up blood

According to the facts of the case, submitted by Uthayakumar yesterday, father of two Mohd Anuar, 31, police claimed to have to a Selayang clinic on Aug 16, 1999 as he had vomited blood in the lock up.

"But the hospital assistant was never called to court, nor named, nor can we find any medical record of the visit," Uthayakumar submitted.

Anuar was taken to the same clinic two days later and was treated by another hospital assistant, who later testified in court that he had treated the deceased for stomach pains.

The hospital assistant said he did not know of the earlier clinic visit and returned the deceased to police custody after prescribing gastric medication.

Anuar died of bronchial pneumonia 13 hours later in the early hours of Aug 19, 2009.