Factory worker’s family awarded nearly RM300k over 2014 custodial death

Factory worker Kamarulnizam Ismail’s family today was awarded RM250,000 damages for negligence and RM40,800 for dependency claim over his death in custody in 2014.

The Court of Appeal made the decision on the appeal by the deceased’s mother Rahaya Salleh, 71, for compensation over her son’s death.

In the unanimous decision by a three-person bench chaired by Court of Appeal judge Yaacob Md Sam, the bench also ordered the authorities to pay RM5,000 in legal costs to the family.

The decision was made during an online proceeding via Zoom.

On June 24, the court 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. 

On that day, 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.

Previously, lawyer M Visvanathan said the family was 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. 

During the unanimous decision read out by Ahmad Nasfy today, the bench ruled that Kamarulnizam’s health deteriorated due to a series of long detentions between Feb 18 and March 3, 2014.

He pointed out that the deceased was brought from the Seberang Perai lockup to the Jinjang lockup then to Bukit Mertajam lockup among others, where each time the deceased was subjected to interrogation by different teams.

“Such long detention and interrogation would certainly affect his health and condition. His health condition deteriorated,” he said, noting that the police seemed not to take heed of this at the time.

“The (Kamalrulnizam’s) chest illness (infection) could not have developed overnight. He was deprived of medical attention,” the judge added.

The appellate court also ordered the government to pay four percent interest on the general damages, calculated from the date of filing of the lawsuit to the date of settlement of the amount.

The bench ruled that the government also has to pay five percent interest for the dependency claim awarded to the family, calculated from today until the date of final settlement of the amount.

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