Custodial deaths: Independent commission needed now more than ever

Source: FMT News

PETALING JAYA: In light of the recent deaths of two persons in police custody, DAP has vowed to continue pushing for the “much delayed” establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) when Parliament reconvenes next month.

In a statement, DAP vice-chairman M Kula Segaran said a responsible Cabinet could and must not treat police custodial deaths as a trivial matter.

“Every human life is important and not a mere statistic when it is lost.”

He added that the Cabinet must exercise political will to set up the IPCMC to prevent more deaths in custody.

S Balamurugan, 44, was arrested on Feb 6 and found dead in the early hours of Feb 8 at the North Klang district police headquarters.

On Jan 15, a detainee named Soh Kai Chiok died in the Bera district police headquarters lock-up.

Kula went on to note that last month, the High Court ruled that lorry driver P Chandran had died in custody in 2012 because the police had failed to observe Lock-Up Rules 1953.

He also quoted Human Rights Commission of Malaysia statistics showing 242 had died in police custody since 2000. Read more

Death in custody: Govt offers lower compensation to man’s kin

Source: FMT News

The government admits responsibility in P Chandran's death but is appealing against the compensation awarded. Pic from FMT News.

The government admits responsibility in P Chandran’s death but is appealing against the compensation awarded. Pic from FMT News.

PETALING JAYA: Putrajaya has appealed against the award of RM200,000 in exemplary damages to the family of a lorry driver who died in a police lock-up after his medical needs were not attended to.

Lawyer M Visvanathan said the Attorney-General’s Chambers served his firm a copy of the notice appeal last week.

“The government has admitted responsibility for the death of P Chandran and is not appealing against liability.

“However it only wants to set aside the award of RM200,000 to the next-of-kin of Chandran,” Visvanathan told FMT.

In his judgment on Jan 9, High Court judge S Nantha Balan held the police liable for the death of Chandran in the Dang Wangi lock-up four years ago.

Nantha awarded a total of RM357,000 in damages to Chandran’s widow, N Selvi, and daughter, C Rita, for negligence and abuse of public office. Read more

Lawyer: It is taxpayers who pay for civil servants’ negligence

Source: FMT News

This death is lamentable and regrettable as it could have been avoided, says judge Nantha Balan after awarding RM357,000 in damages to the family of P Chandran, who died in police custody after being denied medical attention. Pic taken from FMT News

This death is lamentable and regrettable as it could have been avoided, says judge Nantha Balan after awarding RM357,000 in damages to the family of P Chandran, who died in police custody after being denied medical attention. Pic taken from FMT News

PETALING JAYA: The government has to pay damages when policemen are found liable for civil wrongdoings as it has to take responsibility over the actions of civil servants, said a lawyer.

Ramesh Sivakumar said under the law, the government was also liable as it had supervisory powers over public servants.

He was responding to the heated debate on social media that taxpayers money was being wasted on court awarded damages to relatives of victims because of the negligence shown by civil servants.

Yesterday, the High Court in Kuala Lumpur found the police liable for the death of lorry driver P Chandran in the Dang Wangi lock-up after his medical needs were not attended to.

Judge S Nantha Balan awarded a total of RM357,000 in damages to Chandran’s widow, N Selvi, and daughter, C Rita, for negligence and abuse of public office.

Another RM50,000 was awarded as costs.

From the amount, Nantha awarded RM200,000 in exemplary damages as the police had deprived Chandran of life and liberty.

Nantha said there was negligence on the failure of the policemen to send Chandran for treatment. Read more

Court rules cops liable for driver’s death in lock-up

Source: FMT News

Judge Nantha Balan said that P Chandran’s death while in police custody is lamentable and regrettable as it could have been avoided. He determined that there was negligence on the failure of the policemen to send the deceased for treatment despite the order of a magistrate, and further negligence by the police inspector who was tasked with investigating Chandran’s death, as he did not do a thorough job. He said the conduct of both policemen was lackadaisical. Furthermore, he added the authorities did not take action against any policemen for Chandran’s death.

p-chandran

This death is lamentable and regrettable as it could have been avoided, says judge Nantha Balan after awarding RM357,000 in damages to the family of P Chandran, who died in police custody after being denied medical attention. Pic taken from FMT News.

KUALA LUMPUR: The High Court today found the police liable for the death of a lorry driver in the Dang Wangi lock-up four years ago after his medical needs were not attended to.

Judge S Nantha Balan awarded a total of RM357,000 in damages to P Chandran’s widow, N Selvi, and daughter, C Rita, for negligence and abuse of public office. Another RM50,000 was awarded as costs.

The judge imposed a 5% interest on the award, to be calculated from the day the suit was filed until the judgment sum is settled.

“There was negligence on the failure of the policemen to send the deceased for treatment,” Nantha said.

From the amount, Nantha awarded RM200,000 in exemplary damages as the police had deprived Chandran of life and liberty.

“This death was lamentable and regrettable as it was avoidable,” the judge said.

Furthermore, he added the authorities did not take action against any policemen for Chandran’s death. The death was also reported to the Human Rights Commission.

Nantha said he found the conduct of the police appalling, despite a magistrate giving orders to the officer, Inspector Mahezel Md Noh, to attend to Chandran’s medical needs. Read more