'Zero tolerance' on custodial deaths
The Court of Appeal today said there should be zero tolerance of custodial deaths and is recommending that independent public inquiries be held on all similar cases.
The appellate court today said this in allowing the reduction in the quantum of damages, including waiving of a false imprisonment claim in relation to A Kugan's death five years ago.
With this, Kugan's family is awarded RM701,700 in exemplary damages including tort of public misfeasance (abuse of power).
The summary judgment of the decision was read out by Court of Appeal judge justice David Wong Dak Wah.
The other judges who were favourable to maintaining most of the damages were Justice Mohd Arif Mohd Yusof and Justice Mah Weng Kwai.
Justice Mohd Arif led the three-member bench.
Justice Wong, in describing this as a difficult case as the law had yet to be developed especially in cases of public misfeasance, said custodial death cannot and should not happen in this country.
"There should be zero tolerance to any custodial death in all remand centres in the country. And should custodial death happen a public independent inquiry must be initiated commensurate with the right of the family to know of the deceased when there is some doubt as to the cause of death."
'Country does not have an ombudsman system'
Justice Wong noted as the country does not have an ombudsman system recommended by the Royal Commission of Inquiry, the court would have to take up the role.
An ombudsman, as imposed in some parliamentary democracies, is a public advocate with a significant degree of independence, who will be responsible in looking at the interests of the public in investigating mal-administration and violation of rights.
"In Malaysia we do not have ombudsman or an Independent Police Complaint and Misconduct Commission (IPCMC) for Police Reform. In this case, the intention of Kugan's family is clear and that is to hold the defendants responsible and accountable for their unlawful action as public officers.
"It is not just a case of merely being compensated, it is more and that is to ensure that the public officials who are supposed to be guardians of the constitution are brought to task and that such unlawful actions should not happen again. Remand prisoners are innocent until convicted in a court of law and are entitled to their basic human rights."-Mkini
The appellate court today said this in allowing the reduction in the quantum of damages, including waiving of a false imprisonment claim in relation to A Kugan's death five years ago.
With this, Kugan's family is awarded RM701,700 in exemplary damages including tort of public misfeasance (abuse of power).
The summary judgment of the decision was read out by Court of Appeal judge justice David Wong Dak Wah.
The other judges who were favourable to maintaining most of the damages were Justice Mohd Arif Mohd Yusof and Justice Mah Weng Kwai.
Justice Mohd Arif led the three-member bench.
Justice Wong, in describing this as a difficult case as the law had yet to be developed especially in cases of public misfeasance, said custodial death cannot and should not happen in this country.
"There should be zero tolerance to any custodial death in all remand centres in the country. And should custodial death happen a public independent inquiry must be initiated commensurate with the right of the family to know of the deceased when there is some doubt as to the cause of death."
'Country does not have an ombudsman system'
Justice Wong noted as the country does not have an ombudsman system recommended by the Royal Commission of Inquiry, the court would have to take up the role.
An ombudsman, as imposed in some parliamentary democracies, is a public advocate with a significant degree of independence, who will be responsible in looking at the interests of the public in investigating mal-administration and violation of rights.
"In Malaysia we do not have ombudsman or an Independent Police Complaint and Misconduct Commission (IPCMC) for Police Reform. In this case, the intention of Kugan's family is clear and that is to hold the defendants responsible and accountable for their unlawful action as public officers.
"It is not just a case of merely being compensated, it is more and that is to ensure that the public officials who are supposed to be guardians of the constitution are brought to task and that such unlawful actions should not happen again. Remand prisoners are innocent until convicted in a court of law and are entitled to their basic human rights."-Mkini
