Award to detainee’s widow upheld

> Appeals Court finds RM200,000 damages in death-in-custody case fair

PUTRAJAYA: The Court of Appeal has upheld a High Court’s decision to award RM200,000 in exemplary damages to the family of lorry driver P. Chandran, who died in custody at the Dang Wangi district police station in 2012.

In dismissing the government’s appeal against the award, a three-man bench headed by judge Datuk Tengku Maimun Tuan Mat unanimously agreed the compensation awarded by the High Court early this year was fair.

Additionally, the bench also ordered the government to pay RM10,000 in costs.

The other judges were Court of Appeal judge Datuk Zaleha Yusof and High Court judge Datuk Suraya Othman.

On Jan 9, High Court judge S. Nantha Balan held the police liable for Chandran’s death at the Dang Wangi police lock-up four years ago.

He cited negligence and abuse of public office by the policemen in failing to send the deceased for medical treatment.

In his judgment, Nantha awarded a total of RM357,000 in damages to Chandran’s widow N. Selvi and daughter C. Rita, as well as RM200,000 in exemplary damages.

Following the High Court decision, the government admitted responsibility for Chandran’s death but appealed against liability.

However, it applied to set aside the award of RM200,000 as Nantha said that compensation was for breach of the deceased’s fundamental rights.

Chandran, a father of six, was arrested on Sept 6, 2012 and held at the Dang Wangi police station lock-up for four days on suspicion of being involved in a kidnapping case.

During that period, he was not allowed to take the medication his family members tried to give him and subsequently died at the police lock-up on the morning of Sept 10, 2012.