Apex court allows govt, police appeal over death-in-custody ruling
Two applications for leave – one by the government and the police, and the other by the family of a dead detainee - raise questions regarding the duty of care towards those held in custody.
A three-member Federal Court bench in Malaysia allowed the government and the police to appeal against a ruling that held them liable for the death of gravedigger Fadzrin Zaidi in 2019. Fadzrin, 29, had taken his own life in a police lock-up following his arrest during a drug raid. The Federal Court granted the application on two questions of law, concerning the principles of duty of care and reasonable foreseeability in cases involving detainee suicide.
The government and police sought leave to appeal the Court of Appeal's decision upholding their liability and the High Court's ruling that they were negligent in Fadzrin's death. Fadzrin's mother, Fadhelah Othman, filed a case against the police and government in 2022, which resulted in the High Court awarding her RM147,600 in damages.
The Court of Appeal reduced this amount to RM97,600. In a separate case, security guard M Thinagaran, 31, took his own life while detained at a Malaysian Maritime Enforcement Agency lock-up. His family, including his widow R Tenaswari and father K Madhavan, sued the government, Selangor maritime director, and an MMEA officer for negligence and breach of duty.
The High Court awarded them RM172,800, but the Court of Appeal overturned this decision. Both families sought leave to appeal the lower court's rulings to the Federal Court.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
