SUSHILA RANI A/P RAMASAMY v 1. ) Kerajaan Malaysia 2. ) MENTERI DALAM NEGERI MALAYSIA 3. ) Ketua Pengarah Jabatan Penjara Kluang

j-01ncvcw-163-03-2023 Court of Appeal (Mahkamah Rayuan) 23 September 2025 • J-01(NCvC)(W)-163-03/2023 • 12 min read

1 cases cited (0 SG, 1 foreign)

Catchwords

Tort — Negligence — Prison authority — Death in custody — Suicide — No foreseeable risk — No liability — Appeal dismissed

Practice Areas

Tort

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Choo Kah Sing Delivered Ravinthran a/l Paramaguru Coram

Counsel (8)

Karthig Shan Firm GK Ganesan Counsel Appellant Gheeta Counsel Appellant Lheela Counsel Appellant Miraj Kaur Gill Counsel Appellant Suhana Binti Sabil Counsel Respondent Thamayanthy Rajasekaran Counsel Appellant Zahilah Binti Mohammad Yusof Counsel Respondent

Parties (4)

Kerajaan Malaysia Respondent Ketua Pengarah Jabatan Penjara Kluang Respondent Menteri Dalam Negeri Malaysia Respondent Sushila Rani a/p Ramasamy Appellant

Case Significance

SUSHILA RANI A/P RAMASAMY v 1. ) Kerajaan Malaysia 2. ) MENTERI DALAM NEGERI ... is a Court of Appeal (Mahkamah Rayuan) decision dated September 23, 2025 (citation: j-01ncvcw-163-03-2023). <p>The grandmother of a deceased prisoner brought a dependency claim alleging negligence by the Kluang prison authority after the deceased was found hanging in an isolated cell in 2015. The key issue was whether the prison authority was negligent in failing to foresee and prevent the suicide. The Court of Appeal dismissed the appeal, finding no foreseeable risk of suicide and that the prison authority had not been negligent in its custody and supervision of the deceased.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Choo Kah Sing and Ravinthran a/l Paramaguru, with Choo Kah Sing delivering the judgment.

Key issues: Tort — Negligence — Prison authority — Death in custody — Suicide — No foreseeable risk — No liability — Appeal dismissed.

Summary

The grandmother of a deceased prisoner brought a dependency claim alleging negligence by the Kluang prison authority after the deceased was found hanging in an isolated cell in 2015. The key issue was whether the prison authority was negligent in failing to foresee and prevent the suicide. The Court of Appeal dismissed the appeal, finding no foreseeable risk of suicide and that the prison authority had not been negligent in its custody and supervision of the deceased.

What was the outcome of SUSHILA RANI A/P RAMASAMY v 1. ) Kerajaan Malaysia 2. ) MENTERI DALAM NEGERI ...?

<p>The grandmother of a deceased prisoner brought a dependency claim alleging negligence by the Kluang prison authority after the deceased was found h...

Cases Cited (1)

UK (1)

[2002] QB 347