30 May 2024
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.
- Citation
- WA-21NCvC-15-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCvC-15-02/2020 (Mahkamah Tinggi)
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.