Keluarga pemilik pub gagal rayu penolakan saman berkait kematiannya

Federal Court decision majority ruled there were no constitutional issues raised in the case. PUTRAJAYA: Federal Court dismissed a petition by the family of a pub owner seeking to overturn a ruling against them for a lawsuit filed against the police and government over his death deemed as violating the law. Judges Ahmad Terrirudin Salleh and Collin Lawrence Sequerah, in a majority decision, determined that the grieving family of K Gobala Guru failed to meet legal requirements that would allow the matter to be further considered by the highest court in the nation.

"No constitutional issue involved," said Terrirudin. Judge Che Ruzima Ghazali disagreed with the majority's decision. The Court did not issue any orders regarding costs. The family of Gobala had previously raised three legal issues regarding the time frame for filing an appeal. Gobala was shot twice by police officer Amran Sali on Feb 2, 2013.

Amran was joined by police officers Khairul Hafiz Yaacob, Azlan Abdul Kadir, Khairon Zaidee Basiron, and Zulfadli Dom in chasing Gobala from a fuel station before intimidating him when he stopped at a convenience store in Kuala Lumpur. Amran was later charged for shooting Gobala before his body was taken down the hill. Gobala's body was never found.

Khairul, Azlan, Khairon, and Amran were charged with improper restraint of a person under Section 365 of the Criminal Procedure Code. However, Khairon died before the trial began, while Zulfadli gave testimony against the other three accused. The Sessions Court found them guilty in 2018 and sentenced them to seven years in prison.

However, the High Court acquitted them in 2019. Gobala's wife, V Satiavani, and mother, V Panjalai, filed a civil suit against the government and police three years ago over his death. The High Court dismissed their civil action in 2024 after determining the lawsuit was filed outside the allowed time frame. The Court said the family should have initiated legal proceedings in 2016.

The decision was upheld by the Court of Appeal on Mar 9. Gobala's lawyers K Gobinath and Dalveena Korotana represented the family, while United Nations legal counsel Liew Horng Bin and Siti Syakimah Ibrahim represented the police and government.