7 Jul 2021
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
- Citation
- A-01(NCvC)(W)-463-09/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- A-01(NCvC)(W)-463-09/2019 (Mahkamah Rayuan)
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.