Woman sues Government over son's death wins

KUALA LUMPUR, TUES: The High Court here today awarded damages to a woman who sued the police and the government for negligence over the death of her 19-year-old son while in police custody in 2003.

Justice Datuk Abdul Wahab Patail ruled that the defendants had failed to comply with the case management direction from the court.

Justice Wahab made the decision after the defendants failed to produce the affidavits and submissions as ordered by the court.

“In the circumstances, the court enters judgment for the plaintiff, general and special damages to be assessed by the Deputy Registrar of the High Court,” he said Justice Abdul Wahab.

With the decision, besides the damages, Tamil Selwee, a housewife, also succeeded in her claim for four declarations, namely that the death of her son, M.Ulaganathan, while in police custody on July 21, 2003, was caused by the Royal Malaysia Police and that Ulaganathan’s death was caused by their breach of statutory duty, recklessness and gross and wanton negligence.

On July 17, 2006, Tamil Selwee, 50, filed a suit seeking the four declarations and damages, claiming that her son’s death while in custody at the Kajang district police headquarters was caused by police negligence.

She named the Inspector-General of Police, Selangor police chief, Kajang OCPD and the Malaysian government as defendants.

She said in her statement of claim that her son was well on May 12, 2003, but when she visited him at the police lockup on May 23 he was sick, could not walk properly, had swollen eyes and bruises and complained of having no appetite, She said she again visited her son a week later and found him still in a bad condition and he died on July 21 the same year.

The defendants, in their statement of defence, admitted that the police had detained Ulaganathan at the Kajang police station but denied that his injuries were caused by their negligence.

They said that throughout the time he was in their custody he was in good health and did not show any signs of sickness which required treatment by a doctor and that he also did not ask to be taken to see a doctor.

NST online
30/07/08