The police and government are not only appealing against the judgement that found them liable for A Kugan's death in 2009 but also the Kuala Lumpur High Court decision to award punitive and exemplary damages to the family's estate.
According to the memorandum of appeal of the police, government and former constable implicated in the death, the Kuala Lumpur High Court's decision in awarding the tort for malfeasance of public office was wrong and went beyond the Civil Law Act 1956.
They argued there is a limitation to Kugan estate's claim as stated under the Act but the court acted beyond that in awarding malfeasance of public office as damages.
The lawyers for the police and government along with former constable V Navindran argued that Kugan's mother filed the action under Section 7 and 8 of the Act.
"Malfeasance of public office is not a statutory provided for under the Civil Law Act.
"Section 7(3) of the Act states damages which the estate sought to compensate is for loss of support or any reasonable expenses incurred as a result of the wrongful act, neglect or default of the party liable under subsection," their memorandum of appeal stated.
The police and government were represented by senior federal counsel Azizan Md Arshad and lawyer Ramesh Sivakumar appeared for Navindran in today's proceeding.
According to their memorandum, Kugan's case is the first case in Malaysia where an award for malfeasance of public office was made and the decision sought on this matter is pivotal as it is seen as a precedent for other cases.
Justice V T Singham had awarded RM300,000 for tort of malfeasance of public office and another RM50,000 for punitive damages, from the total RM801,700 granted to the family.
Kugan's mother won the suit against the former Subang Jaya OCPD, Navindran and then Selangor police chief Khalid Abu Bakar, Inspector-General of Police and government.
[More to follow]
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.