Negligence suit: Federal Court dismisses police, govt’s bid for leave to appeal

PUTRAJAYA: The Federal Court here Tuesday dismissed the police and the government’s application for leave to appeal against the Court of Appeal’s decision which found them negligent over a businessman’s death in a police lockup in 2018.

The Federal Court ruling was delivered by a three-member panel comprising Datuk Mary Lim Thiam Suan, Datuk Nordin Hassan and Datuk Abu Bakar.

In the ruling, Justice Lim said the police and the government could not be given leave to proceed with the appeal as they failed to meet the requirements of Section 96 of the Courts of Judicature Act 1964.

In civil cases, litigants are required to obtain leave before they can proceed with appeals to the Federal Court.

On Oct 30 last year, the Court of Appeal decided in favour of S. Thanabalan’s widow and his father-in-law, ruling that the Inspector-General of Police (IGP) and the government were negligent for failing to send him (Thanabalan) to hospital as soon as possible.

The Court of Appeal’s threemember panel of judges led by Datuk Lee Swee Seng had remitted the case to the High Court for assessment of damages to be paid to Thanabalan’s family.

Thanabalan was arrested on March 29, 2018 under the Security Offences and Special Measures Act 2012 (SOSMA) for alleged involvement with an organised crime gang.

Thanabalan fainted in the lockup of the Shah Alam police headquarters at 8.30 pm on April 17, 2018 and was taken to hospital, where he was pronounced dead on arrival.

Thanabalan’s widow V. Santhi, 44, and father-in-law P. Vathian, 74, filed the suit in 2021 against eleven police officers, the IGP and the government for negligence and misfeasance in public office.

Santhi also filed the suit on behalf of her two children and her husband’s estate. Vathian is the co-administrator of the estate. They sought damages including bereavement, aggravated damages, exemplary damages, general damages and funeral expenses.

On April 4, 2022, the High Court in Shah Alam dismissed the suit but the Court of Appeal overturned the High Court decision and found the police and the government negligent for Thanabalan’s death. The police and the government then filed an application to seek leave to appeal to the Federal Court.

The Court of Appeal, however, upheld the High Court’s findings that Thanabalan’s family failed to prove the misfeasance in public office claim against the police and government.

Senior Federal Counsel Zetty Zurina Kamarudin and Siti Syakimah Ibrahim appeared for the police and the government while lawyers M. Visvanathan, V. Sanjay Nathan and Pushan Qin Nathan represented Thanabalan’s family.