Court Orders Police Govt To Pay Rm281k In Damages Over 2017 Custodial Death

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The family of T Benedict today obtained a court order for the police and government to pay them RM281,300 in damages over his death in custody four years ago.
The Kuala Lumpur High Court ruled in favour of the deceased’s wife and daughter, N Janagi and B Angeline, in the lawsuit over his death at a Jinjang police central lockup on July 10, 2017.
The family had then filed the legal action in July last year, contending that the death of Benedict, 44, who had several health issues, was due to police negligence in ensuring the deceased had access to his medicines and other medical care while under custody.
A total of 25 defendants are targeted by the lawsuit, namely 23 members of the police force, the Inspector-General of Police (IGP), and the government of Malaysia.
On Sept 11, last year, it was reported that the Kuala Lumpur Coroner’s Court ruled that Benedict’s custodial death could have been avoided if he had been given medical assistance.
Coroner Mahyon Talib had then directed the attorney-general and IGP to take further action, under the Criminal Procedure Code and the Federal Constitution, against the officers involved for neglect.
According to the family’s counsel M Visvanathan, judicial commissioner Quay Chew Soon today ruled that the two plaintiffs succeeded in proving the suit against the defendants on a balance of probabilities.
No damages awarded for misfeasance
The lawyer said that the quantum of damages awarded by the court is:
RM5,500 for the cost of issuing letters of administration.RM4,000 for funeral expenses.RM30,000 damages for bereavement.RM91,800 damages for dependency claim.RM50,000 damages for pain and suffering.RM100,000 for aggravated damages.“The court also ordered the defendants to pay RM40,000 in costs to the plaintiffs.
“However, the court did not award any damages for misfeasance in public office in this case,” the lawyer said when contacted this morning.
When asked about how the family is taking the verdict, Visvanathan said that they are satisfied, but that they will discuss the possibility of appealing to the Court of Appeal.
Benedict was detained under the Dangerous Drugs (Special Preventive Measures) Act on June 29, 2017.
On the morning of July 10 the same year, he was found unconscious at the Jinjang police detention centre before he was sent to Hospital Kuala Lumpur. He was pronounced dead at the hospital.
Meanwhile, commenting on the ruling, Eliminating Deaths and Abuse in Custody Together (EDICT), an NGO, said that while it appreciates the court’s verdict, much improvement is still required.
“We at EDICT appreciate the decision given by the Kuala Lumpur High Court; however, we believe that there are still matters that could be improved so that cases like these can serve as a lesson and useful example to enforcement personnel when handling detainees in accordance to the law,” the group said. - Mkini

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