1. ) NATTHANAN YOOCHOMSUK 2. ) BALRAJ A/L SUPPIAH 1. ) INSP. MOHD NOOR HUSRI BIN JOHARI 2. ) INSP. MOHANESWARAN A/L THIGARAJAH 3. ) ASP NORSANIZAM BIN HAJI NORDIN 4. ) ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB 5. ) KETUA POLIS NEGARA, MALAYSIA 6.

1. ) NATTHANAN YOOCHOMSUK 2. ) BALRAJ A/L SUPPIAH 1. ) INSP. MOHD NOOR HUSRI BIN JOHARI 2. ) INSP. MOHANESWARAN A/L THIGARAJAH 3. ) ASP NORSANIZAM BIN HAJI NORDIN 4. ) ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB 5. ) KETUA POLIS NEGARA, MALAYSIA 6.

The High Court found on balance of probabilities that the deceased sustained non-accidental blunt-force injuries while in police custody which caused his death; the defendants breached their common law and statutory duties by failing to obtain medical treatment and by assaulting the deceased; res ipsa loquitur applied to shift burden of explanation to defendants who failed to rebut it; First to Fourth Defendants liable for negligence, assault and false imprisonment and Fifth and Sixth Defendants vicariously liable; plaintiffs awarded judgment with costs and damages to be assessed separately.

Citation
WA-21NCvC-15-02/2020 (Mahkamah Tinggi)
Parties
Appellant Defendant: INSP. MOHD NOOR HUSRI BIN JOHARI; Appellant Defendant: INSP. MOHANESWARAN A/L THIGARAJAH; Appellant Defendant: ASP NORSANIZAM BIN HAJI NORDIN; Appellant Defendant: ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB; Appellant Defendant: KETUA POLIS NEGARA, MALAYSIA; Appellant Defendant: KERAJAAN MALAYSIA; Respondent Plaintiff: NATTHANAN YOOCHOMSUK; Respondent Plaintiff: BALRAJ A/L SUPPIAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2024
Case Number
WA-21NCvC-15-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (tort: Negligence, Assault, False Imprisonment Arising From Custodial Death) / Judgment After Full Trial in High Court; Appeal Filed to Court of Appeal by Defendants
Outcome
Plaintiffs' claims allowed on balance of probabilities; First to Fourth Defendants found liable for custody death (negligence, assault, false imprisonment); Fifth and Sixth Defendants held vicariously liable; costs awarded to Plaintiffs; quantum of damages to be assessed at a separate hearing.
Legal Topics
Negligence, Assault and Battery, False Imprisonment, Statutory Duty (police), Vicarious Liability, Custodial Death, Res Ipsa Loquitur, Eggshell Skull Rule
Source Language
Malay/English
Tort Law Police/administrative Law Civil Procedure Government Liability Negligence Assault and Battery False Imprisonment Statutory Duty (police) +4 more

Case Brief

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Parties

INSP. MOHD NOOR HUSRI BIN JOHARI

Appellant Defendant

INSP. MOHANESWARAN A/L THIGARAJAH

Appellant Defendant

ASP NORSANIZAM BIN HAJI NORDIN

Appellant Defendant

ASP MUHAMMAD KHUZAIRI BIN ABD WAHAB

Appellant Defendant

KETUA POLIS NEGARA, MALAYSIA

Appellant Defendant

KERAJAAN MALAYSIA

Appellant Defendant

NATTHANAN YOOCHOMSUK

Respondent Plaintiff

BALRAJ A/L SUPPIAH

Respondent Plaintiff

Procedural Posture

Civil (tort: Negligence, Assault, False Imprisonment Arising From Custodial Death) / Judgment After Full Trial in High Court; Appeal Filed to Court of Appeal by Defendants

Legal Issues

  1. 1 Whether the police owed and breached a duty of care to the deceased in custody
  2. 2 Whether injuries sustained in custody were caused by police (assault and battery)
  3. 3 Whether the detention after remand refusal amounted to false imprisonment

Ratio Decidendi

The High Court found on balance of probabilities that the deceased sustained non-accidental blunt-force injuries while in police custody which caused his death; the defendants breached their common law and statutory duties by failing to obtain medical treatment and by assaulting the deceased; res ipsa loquitur applied to shift burden of explanation to defendants who failed to rebut it; First to Fourth Defendants liable for negligence, assault and false imprisonment and Fifth and Sixth Defendants vicariously liable; plaintiffs awarded judgment with costs and damages to be assessed separately.

Court Disposition

Plaintiffs' claims allowed on balance of probabilities; First to Fourth Defendants found liable for custody death (negligence, assault, false imprisonment); Fifth and Sixth Defendants held vicariously liable; costs awarded to Plaintiffs; quantum of damages to be assessed at a separate hearing.

Orders

  • Plaintiffs’ claims allowed with costs
  • First to Fourth Defendants liable for the deceased’s custodial death (negligence, assault and false imprisonment)