The negligence suit settlement between the government and the family of late Teoh Beng Hock over his death has been described as a "bitter victory" by his sister.
Deeply troubled by the whole situation, Teoh Lee Lan, the younger sister of Beng Hock, said she is also upset with the coutry's judicial system which calculated the RM600,000 compensation based on the deceased's last earned salary.
In arriving at the award, the court took into account the legal principle that Beng Hock could have worked till the age of 60, she said.
"The law is mean. The calculation is not practical at all.
"This has shown that a life is equivalent only to RM600,000. Life is so cheap. I feel much regret about this," she said in a sad voice.
Lee Lan (photo) said the court did not take into consideration the pain of losing a family member, the love and care for Beng Hock and the education provided for him.
Money can't ease the pain
"Doesn't that cost more than the amount of compensation (which both party had finally agreed)?" she asked when speaking to Malaysiakini.
She added that no amount of money can ease the pain of the family, even though Beng Hock had gone for nearly six years.
The family however decided to accept the compensation and put the brakes on the civil suit and instead continue the fight to drag the "murderers" to justice, Lee Lan said.
"Even if we (did not accept the compensation and) continue to fight, what we would have got is only money.
"A negligence civil litigation is about compensation in money and liabilities," she said.
However, she vowed that the Malaysian Anti-Corruption Commission (MACC) has not seen the last of the family.
Beng Hock, the 30-year-old aide to Selangor executive councillor Ean Yong Hian Wah, was brought in as a witness by the MACC on July 15, 2009 was found dead the following day after falling from the 14th floor of the Selangor MACC headquarters in Shah Alam.
On Sept 5 last year, a three-member Court of Appeal panel had reversed the High Court's open verdict decision, ruling that Teoh's death was "accelerated by unlawful acts by MACC officers".
Teoh's family had sued the MACC and 10 of its officers as well as the government for negligence and assault while Teoh was in their custody which resulted in his subsequent death.
Forever remain MACC's stain
"MACC cannot come clean and clear its name, as long as it refuse to surrender its enforcement officer (for police's investigation)," said Lee Lan.
"This, will forever remain as MACC's stain," the 35-year-old accountant added.
Both Gobind Singh (photo), the pro bono lead counsel for the family, and Senior Federal Counsel Kamal Azira Hassan who represented the government declined to comment on the amount of compensation.
Lawyer Yeoh Yang Poh admitted that the amount of compensation in negligence suit which involves casualty is quite low here compared to countries like the US and UK.
In fact, in Malaysia the Civil Law Act was amended to put a limit to the compensation, he added.
"This was to reduce the financial burden of insurance companies.
"(If this wasn't curbed) then the people tend to pay more for their insurance premium," said Yeoh, who is the former Bar Council chairman.
"In Beng Hock's case, the significance of the settlement, which the government admitted of being negligent, is far greater than the amount of compensation," he said.
This is how Beng Hock's family should look at the case, he advised. - M'kini
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