July 7 decision on appeal in factory worker’s 2014 custodial death

 

The family of factory worker Kamarulnizam Ismail will have to wait until July 7 for a complete decision on their court appeal for compensation over his 2014 death in custody.

This followed the Court of Appeal deferring to that date to decide on part of the appeals by his 71-year-old mother, Rahaya Salleh, as well as prison authorities, during online proceedings conducted via Zoom this morning.

The three-person bench chaired by Court of Appeal judge Yaacob Md Sam today partly allowed the authorities’ appeal to quash a lower court’s RM100,000 award to the family for unlawful detention and RM50,000 for misfeasance in public office.

The bench, comprised also of Court of Appeal judges Ahmad Nasfy Yasin and M Gunalan, increased the legal costs awarded to the family from the lower court’s initial RM12,000 to RM30,000 and allowed the family special damages of RM10,000.

However, the deceased’s family may potentially be awarded a total higher quantum for negligence and dependency, depending on how the Court of Appeal decides on these two issues on July 7.

When contacted after the proceedings, the family’s counsel M Visvanathan confirmed that the Court of Appeal partly allowed the authorities’ appeal to set aside the RM100,000 damages for unlawful detention and RM50,000 for misfeasance in public office.

The lawyer added that the three-person bench fixed July 7 to decide on the family’s appeal over the dependency claim, as well as on the issue of quantum for negligence.

Visvanathan said the family is seeking RM71,400 for the dependency claim and RM250,000 for the quantum of negligence.

In August 2019, Bernama reported that the Ipoh High Court allowed the family's civil suit against 12 individuals and the government over Kamarulnizam's death, and awarded them RM100,000 for unlawful detention, RM50,000 for misfeasance in public office, RM2,000 for funeral expenses, and RM12,000 in legal costs.

However, despite finding that the authorities’ negligence led to Kamarulnizam’s death, the lower court denied the family's dependency claim over his death in Tapah Prison, Perak between March 7 and 8, seven years ago.

The 39-year-old was first arrested at the Bandar Perda police station in Penang for stolen goods in March 2014.

He was later charged under Section 29 of the Minor Offences Act 1955 and sentenced to 14 days jail as well as an RM800 fine. He was then transferred to the Tapah prison.

Three days into his 14-day prison sentence, he was found unconscious in his cell and later died at Tapah Hospital.

While the autopsy reported Kamarulnizam died of a severe chest infection, his family allegedly found bruises on his body inconsistent with the official cause of death and lodged a police report.

In March 2017, the deceased’s family filed a civil suit against the police for assault and against prison authorities for alleged negligence.

Senior federal counsel Azizan Md Arshad and Andi Razalijaya A Dadi appeared for the authorities and the government. - Mkini