7 Jul 2021
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. ) SJN AHMAD AZRUL BIN MOHD UJANG 7. ) Sjn Mohd Samsul Bin Saad 8. ) Abdullah Bin Haji Zai
- Citation
- A-01(NCvC)(W)-71-02/2020 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- A-01(NCvC)(W)-71-02/2020 (Mahkamah Rayuan)
The Court of Appeal held that police and prison officers owed and breached statutory and common law duties to the deceased by failing to provide timely medical examination, monitoring and emergency care in breach of Lockup Rules and Prison Regulations, and that those breaches causally contributed to the death; the plaintiff was entitled to damages (including dependency and special damages) though the trial court exceeded pleadings in relation to declaratory relief on remand legality so the court confined its decision to negligence and damages as properly pleaded.