Puchong MP Gobind Singh Deo today called on the government to amend the Civil Law Act 1956 to include claims for exemplary damages, for cases in which persons die as a result of injuries suffered while in state custody.
The lawyer said if Minister in the Prime Ministers Department Azalina Othman Said does not advise the government to amend the provisions in the next sitting of Parliament, then he may file a motion for a private member's bill to that effect.
The Federal Court had ruled yesterday that no exemplary damages should be paid out to family members of individuals who die in custody.
Family members of individuals who suffer injuries at the hands of the state while in custody, however, are still eligible for compensation.
Gobind, who is a lawyer, said the present law "defied logic" since it suggested that consequences are more severe for injuries suffered as opposed to death.
“It is wholly senseless for legislation to provide for such compensation in cases where the victims survive but not where they die as a result of injuries, acts or omissions in such cases.
“The right to life is perhaps the most fundamental of rights guaranteed by the Federal Constitution.
“A violation of this constitutional right should invite the heaviest of consequences and/or penalties if we are to stress its importance, impact and effect,” he added.
The Federal Court decision was made in relation to the case of A Kugan, who died as a result of severe beating suffered while held at a police station in 2009.
In 2014, the High Court and Court of Appeal had granted Kugan’s family (photo) exemplary damages as well as compensation for misfeasance, to the amount of RM701,000.
However, following the ruling by the apex court yesterday, the sum for exemplary damages will be removed from the total, leaving the family with RM450,000 compensation for general damages and misfeasance.
The five-member bench, led by Chief Judge of Malaya Ahmad Ma'arop ruled in favour of the police, who appealed against the decision to award damages to the family.
Justice Zainun Ali dissented, however, arguing that since the Civil Law Act predated Merdeka, it should be read in accordance with the Federal Constitution, which guarantees the right to life as one of its most fundamental principles.
Kugan's lawyer Sivarasa Rasiah said the decision by the apex court would only encourage the state to act without regard to the rights of detainees, while lawyer M Visvanathan called it a “sad day for justice”.
“I guess more will die in custody now. The courts are the last bastion of hope for justice,” Visvanathan told Malaysiakini.- Mkini
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