MUNIAMAH A/P RAMAN v Kerajaan Malaysia

aa-21ncvc-5-03-2020 High Court (Mahkamah Tinggi) 8 July 2025 • AA-21NCvC-5-03/2020

Catchwords

PRISON: Duties of prison authorities – Breach of statutory and constitutional duty – Convicted prisoner taken into custody healthy – Found dead at Tapah Prison with amputations and untreated infection – Failure to provide timely medical attention – Whether breach of Prisons Act 1995, Prisons Regulations 2000 and Lock-up Rules 1953 established – Whether constitutional right to life under Art. 5(1) Federal Constitution violated – Whether adverse inference under s.114(g) Evidence Act 1950 to be drawn for non-production of CCTV TORT: Negligence – Duty of care – Non-delegable duty owed by custodial authorities – Prison officers and medical staff failing to treat necrotising fasciitis and notify family – Whether systemic neglect and omissions materially contributed to death – Whether Government vicariously liable under ss.5 & 6 Government Proceedings Act 1956 TORT: Misfeasance in public office – Elements to be proven – Suppression of evidence and reckless indifference by public officers – Whether omissions amount to deliberate misconduct– Whether estate of deceased entitled to aggravated damages notwithstanding prohibition of exemplary damages under s.8(2) Civil Law Act 1956

Practice Areas

PRISON: Duties of prison authorities

Judges (1)

Moses Susayan Delivered

Parties (2)

Kerajaan Malaysia Defendant Muniamah a/p Raman Plaintiff

Case Significance

MUNIAMAH A/P RAMAN v Kerajaan Malaysia is a High Court (Mahkamah Tinggi) decision dated July 8, 2025 (citation: aa-21ncvc-5-03-2020). The case was decided by Moses Susayan.

What was the outcome of MUNIAMAH A/P RAMAN v Kerajaan Malaysia?

MUNIAMAH A/P RAMAN v Kerajaan Malaysia is a High Court decision dated July 8, 2025. The case was heard by Moses Susayan. See the full judgment for details.