KUALA LUMPUR — Dec. 10, 2019: The widow of a man who died six years ago while in police detention was awarded RM440,200 in damages today in her suit against the police and the Malaysian government.
High Court judge Datuk Ahmad Zaidi Ibrahim ordered all 11 defendants to make the payment. They are Inspector S. Hare Krishnan, Sgt. Jaffri Jaffar, Cpl. Mohd. Nahar Abd. Rahman, Cpl. Mohd Haswadi Zamri Shaari, the Inspector-General of Police, former KL Criminal Investigation Department chief Datuk Ku Chin Wah, Datuk Seri Mohmad Salleh, A/ACP Yahya Abd. Rahman, A/SAC Khairi Ahrasa, Supt. Glenn Anthony Sinappiah and the Malaysian government.
The amount represents the total amount of damages awarded to Marry Mariay Susay, the widow of N. Dharmendran, for various categories of loss sustained, including pain, suffering and malfeasance committed by public officers, loss of income and funeral expenses.
Zaidi noted that the testimony of surgeon Dr. Siew Shue Feng said there were 52 clear wounds on Dharmendran’s body, including staple wounds at the back of his ear, and internal injuries. Siew conclude that Dharmendran had died as a result of the injuries.
“Having studied and weighed the testimony of both parties, the court accepts the testimony of the plaintiff’s witnesses as true compared with the defendant’s witnesses. On a balance of probabilities, the court finds that all four police officers committed physical attacks and caused the death of the deceased,” said Zaidi.
Susay filed her suit in May 2016, claiming that her husband died because the defendants had failed to carry out their statutory duties. Dharmendran was detained on suspicion of murder, committed with the use of a firearm.
In April 2016 the Enforcement Agency Integrity Commission found that Dharmendran’s death was caused by police brutality. However, last year the Federal Court upheld the acquittal of Hare Krishnan, Jaffri, Mohd Nahar and Haswadi on a charge of murdering Dharmendran.