RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, SIMATI) 1. ) NIK MOHD GHAZALI B NIK ZUL AZHAR 2. ) EBBY SAIFUL BIN SULAIMAN 3. ) SARIHAN BIN HARUN 4. ) SASIBALEN A/L KARISIANAN 5. ) SJN SUHAIMI BIN ZAIDI 6. ) SJ

RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, SIMATI) 1. ) NIK MOHD GHAZALI B NIK ZUL AZHAR 2. ) EBBY SAIFUL BIN SULAIMAN 3. ) SARIHAN BIN HARUN 4. ) SASIBALEN A/L KARISIANAN 5. ) SJN SUHAIMI BIN ZAIDI 6. ) SJ

Court held that regardless of procedural pleading limits on directly adjudicating remand legality, sufficient evidence established common law and statutory duties owed by police and prison staff which were breached by omission (failure to ensure medical examination, monitoring and emergency treatment) and such breaches causally contributed to the detainee's death; liability was established against specified officers and supervisory defendants were vicariously liable; damages and special awards were adjusted on appeal accordingly.

Citation
A-01(NCvC)(W)-463-09/2019 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Rahaya Binti Salleh; Respondents/defendants: Nik Mohd Ghazali B Nik Zul Azhar & Ors
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
7 July 2021
Case Number
A-01(NCvC)(W)-463-09/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeal (hearing of Two Consolidated Appeals Originating From High Court Trial)
Outcome
Appeal A-01(NCvC)(W)-463-09/2019 allowed in part; Appeal A-01(NCvC)(W)-71-02/2020 dismissed
Legal Topics
Negligence, False Imprisonment, Public Misfeasance, Remand Procedure Compliance, Dependency Claims Under Civil Law Act, Assessment of Costs
Source Language
Malay/English
Tort Administrative Law Criminal Procedure Prison Law Police Conduct Civil Damages Negligence False Imprisonment +4 more

Case Brief

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Parties

Rahaya Binti Salleh

Appellant/plaintiff

Nik Mohd Ghazali B Nik Zul Azhar & Ors

Respondents/defendants

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeal (hearing of Two Consolidated Appeals Originating From High Court Trial)

Legal Issues

  1. 1 Legality of the multiple remand detentions
  2. 2 Existence and scope of duty of care owed to detainee by police and prison authorities
  3. 3 Whether defendants' omissions causally caused detainee's death

Ratio Decidendi

Court held that regardless of procedural pleading limits on directly adjudicating remand legality, sufficient evidence established common law and statutory duties owed by police and prison staff which were breached by omission (failure to ensure medical examination, monitoring and emergency treatment) and such breaches causally contributed to the detainee's death; liability was established against specified officers and supervisory defendants were vicariously liable; damages and special awards were adjusted on appeal accordingly.

Court Disposition

Appeal A-01(NCvC)(W)-463-09/2019 allowed in part; Appeal A-01(NCvC)(W)-71-02/2020 dismissed

Orders

  • Judgment in favour of Plaintiff in part: general damages for negligence assessed at RM250000.00
  • Funeral expenses awarded RM2000.00