RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, SIMATI) v 1. ) NIK MOHD GHAZALI B NIK ZUL AZHAR 2. ) EBBY SAIFUL BIN SULAIMAN 3. ) SARIHAN BIN HARUN 4. ) SASIBALEN A/L KARISIANAN 5. ) SJN SUHAIMI BIN ZAIDI 6. ) SJN AHMAD AZRUL BIN MOHD UJANG 7. ) Sjn Mohd Samsul Bin Saad 8. ) Abdullah Bin Haji Zaini 9. ) S/Insp Batumanathan a/l Murugesu 10. ) PKK Abdul Halim Bin Ma Hassan 11. ) ACP Rosli Bin Md Noor 12. ) Ketua Polis Negara 13. ) Kerajaan Malaysia
Catchwords
Facts - The deceased was detained for a total of 24 days before his demise and was never released from the time he was arrested on 13.02.2014 to the time of his death on 08.03.2014 while he was under the custody of the Defendants, their servants or agents. False imprisonment - Legality of the detention of the Deceased – Held, the validity of remand proceedings could be challenged by way of criminal revision or appeal only – Held, the learned JC award RM100,000.00 is set aside. Misfeasance – The learned JC find there is public misfeasance and awarded RM50,000.00 to the Plaintiff - Held, the Appellants in Appeal No. 71 did not commit misfeasance in public office, therefore award RM50,000.00 is set aside. Negligence - Were the Defendants negligent in causing the death of the deceased – Held, there was a duty of care owed by the defendants to the deceased and that the defendants had breached that duty. Breach of statutory duty – Whether the Defendants are liable for breach of statutory duty – Held, agree with the learned JC that the 1st, 2nd, 3rd and 4th Defendants had breached both their common law duty of care and the statutory duty imposed on them whilst the deceased was in Tapah Prison. Reliefs - Whether the Plaintiff is entitled to loss of dependency under section 7 Civil Law Act 1956 – Held, the figure of RM212.50 per month is reasonable for the dependency claim. Reliefs - Whether the Plaintiff is entitled to special damages – Held, the sum of RM10,000.00 for special damages is reasonable. Reliefs – Whether the Plaintiff is entitled to bereavement – The learned JC had awarded RM2,000.00 for costs to the Plaintiff – Held, affirmed the award. Reliefs – Whether the Plaintiff is entitled to exemplary damages and aggravated damages – The learned JC disallowed both – Held, dismissed both. Costs for Appal No. 463 – The learned JC had awarded RM12,000.00 for costs to the Plaintiff - Held, a sum of RM30,000.00 is fair and reasonable. Conclusion - Appeal No. 463 is allowed partly with costs of RM5,000.00 to be paid to the Plaintiff subject to allocator - Appeal No 71 is allowed partly with each party to bear their own costs.
Practice Areas
Judges (3)
Parties (14)
Kerajaan Malaysia Respondent Ketua Polis Negara Respondent Abdullah bin Haji Zaini Respondent Acp Rosli bin Md Noor Respondent Ebby Saiful bin Sulaiman Respondent Nik Mohd Ghazali B Nik Zul Azhar Respondent Pkk Abdul Halim bin Ma Hassan Respondent Rahaya binti Salleh Appellant S/insp Batumanathan a/l Murugesu Respondent Sarihan bin Harun Respondent Sasibalen a/l Karisianan Respondent Sjn Ahmad Azrul bin Mohd Ujang Respondent Sjn Mohd Samsul bin Saad Respondent Sjn Suhaimi bin Zaidi Respondent
Case Significance
RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, ... is a Court of Appeal (Mahkamah Rayuan) decision dated July 6, 2021 (citation: a-01ncvcw-463-09-2019). The panel comprised Gunalan a/l Muniandy, Wira Hj Ahmad Nasfy bin Hj Yasin and Yaacob bin Haji Md. Sam, with Yaacob bin Haji Md. Sam delivering the judgment.
Key issues: Negligence - Were the Defendants negligent in causing the death of the deceased – Held, there was a duty of care owed by the defendants to the deceased and that the defendants had breached that duty..
What was the outcome of RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, ...?
RAHAYA BINTI SALLEH (PENTADBIR ESTET DAN TANGGUNGAN KAMARULNIZAM BIN ISMAIL, ... is a Court of Appeal decision dated July 6, 2021. The case was heard by Gunalan a/l Muniandy. See the full judgment for details.