PETALING JAYA: A father has filed a negligence suit against the police and government after his 30-year-old son died in a police lockup in Bentong, Pahang, three years ago.
A Ganaprakasam, 64, has also filed an action for the tort of misfeasance by police for the death of G Jestus Kevin.
In the suit filed in the Kuantan High Court last week, Ganaprakasam, who is also the administrator of his son’s estate, is seeking damages for negligence, misfeasance in public office, breach of statutory duty, and assault and battery.
He also wants the defendants to compensate him for loss of earning and support following the death of Kevin, an odd job worker.
The plaintiff has named 13 policemen, the Bentong district police chief, the inspector-general of police and the government as defendants.
He has also named two inmates, Shaiful Zakaria and Azril Yusof, who are said to have caused the death of his son.
Ganaprakasam intends to hold the government vicariously liable for the acts and omissions of the policemen.
Kevin was arrested for theft on April 2, 2020, together with another suspect, M Pathmarajah.
The following day, police obtained a four-day remand to conduct investigations.
Kevin became delirious at around 9pm, two days after his arrest, while being held in a cell.
He was then removed from his cell and put in another cell occupied by Shaiful and Azril, Ganaprakasam said.
In the statement of claim, filed by Messrs Saibullah MV Nathan & Co, the plaintiff said his son was assaulted by the two inmates with the encouragement of policemen on duty that night.
“They gagged his mouth (and) tied his hands and legs before assaulting Kevin,” Ganaprakasam said.
A post-mortem report revealed Kevin died of blunt force trauma, cardiomyopathy and liver steatosis.
Corporals Noor Hezreen Arif and Fairus Azni, two of the defendants who were on duty, called for an ambulance at about 12.50am on April 5, but paramedics who attended to Kevin said he was already dead.
Ganaprakasam said the defendants owed his son a duty of care as he was under their custody and control.
He said the defendants had breached their statutory duty, were negligent and had committed misfeasance in public office.
Ganaprakasam said he would rely on the outcome of an ongoing inquest and a National Human Rights Commission of Malaysia (Suhakam) report to prove his case against the defendants.
The plaintiff said he would also rely on CCTV footage and forensic results. - FMT
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