10-07-2025
- Health
- Free Malaysia Today
Mother of man who died in prison custody awarded RM560,000 in damages
Lawyer M Visvanathan explains the Ipoh High Court's decision to R Muniamah and her nephew. They are flanked by counsel V Sanjay Nathan (left) and Pushan Qin Nathan.
PETALING JAYA : The Ipoh High Court today awarded RM560,000 in damages to the mother of a man who died in prison custody on the day of his release in 2017, ruling that there was a systemic failure by the authorities to safeguard the health and wellbeing of R Siva.
Judicial commissioner Moses Susayan found that Siva had been healthy and fit before his incarceration at Tapah prison.
'However, on the day of his release, a brother of the deceased was instead instructed to go to Tapah Hospital to collect his body,' he said in allowing the civil suit filed by Siva's mother, R Muniamah.
He said the Tapah prison authorities had failed to inform the family of Siva's condition.
'There was suppression of information by the authorities, despite being in possession of the family's contact details,' Susayan said.
The judge ruled that prison and police officers had deprived Siva of his liberty and failed in their duty to protect his wellbeing, including his right to life with dignity, and access to basic needs such as adequate healthcare, a proper diet, and timely medical attention.
'In this case, there was systemic failure and medical neglect. The defendants' own witnesses admitted to a dereliction of duty,' he said.
A prison medical officer, under cross-examination, admitted that the facility was at its 'lowest ebb' at the time and failed to meet the standards required under the Prison Regulations and the Prison Act.
Susayan awarded the following damages:
RM200,000 in general damages for misfeasance in public office;
RM300,000 in aggravated damages;
RM10,000 for bereavement;
RM38,400 for dependency claims; and
RM15,500 in special damages.
He also ordered the government to pay RM70,000 in legal costs.
Siva, 30, died on March 20, 2017, the day he was supposed to be released after serving an eight-month jail sentence for theft.
An inquest conducted by the coroner's court concluded that he died of natural causes due to disease.
Muniamah named 13 defendants in her suit, including Tapah prison officers, police officers, and the federal government, citing negligence, breach of statutory duties, and misfeasance in public office.
She was represented by lawyers M Visvanathan, V Sanjay Nathan and Pushan Qin Nathan, while senior federal counsel Siti Aishah Ramlan and federal counsel Siti Norashikin Hassanor appeared for the government.
