Latest news with #custodydeath
Free Malaysia Today
5 hours ago
- Free Malaysia Today
Family awarded RM194K after man hangs himself in agency's lockup
The Shah Alam High Court awarded the widow and father of M Thinagaran RM172,800 for loss of earnings, special damages (RM6,370) funeral expenses (RM5,000), bereavement (RM10,000) and costs (RM30,000). SHAH ALAM : The family of a former security guard who died by suicide while in the custody of the Malaysian Maritime Enforcement Agency (MMEA) has been awarded approximately RM194,000 in damages following a successful negligence claim. Justice Alice Loke, in a 25-page judgment released on Monday, held that the defendants —the Selangor maritime director, an MMEA investigating officer, and the government had failed to exercise reasonable care in preventing the death of 31-year-old M Thinagaran. 'There is a clear breach of duty when the deceased was with an extra pair of pants in the presence of a grill in the lock up and where the risk of suicide is not unforeseeable with detainees,' she said. Loke said there had been inadequate monitoring which, if carried out, could have prevented the fatal incident. 'the defendants were under a duty of care to ensure the deceased came to no harm whilst in their custody,' she said, concluding that the negligence flowed directly from their breach and did not constitute an independent intervening act. The deceased's widow, R Tenaswari, and father, K Madhavan—joint administrators of Thinagaran's estate—had sued the defendants on grounds of negligence, breach of statutory duty and misfeasance in public office. Loke, however, only allowed the negligence claim, finding insufficient evidence to support the remaining allegations. The judge awarded damages of RM172,800 for loss of earnings, RM6,370 as special damages, RM5,000 for funeral expenses, and RM10,000 for bereavement. The government was also ordered to pay the plaintiffs RM30,000 in costs. The facts of the case revealed that on Jan 9, 2019, MMEA officers, acting on intelligence, intercepted a suspicious vessel off the Selangor coast. They found Thinagaran and another individual, R Inthiran, on board. A search also uncovered packages later confirmed to contain drugs. Both men were remanded for investigation and detained at the maritime enforcement office in Klang. Thinagaran had been sent to the Tengku Ampuan Rahimah Hospital earlier that day for treatment. He was diagnosed with a stress-related headache and prescribed medication. He was found dead four days later—hanging from the ceiling of his cell using a pair of pants provided to him while in custody. Closed-circuit footage captured key moments leading up to his death. A post-mortem confirmed the cause of death as hanging. Counsel Manoharan Malayalam, P Subramaniam and Sarathbala Balakrishnan appeared for the plaintiffs. Senior federal counsel Siti Syakimah Ibrahim and federal counsel Nuurzul Izzati Zulkipli represented the government. Manoharan confirmed that the government has filed an appeal against both liability and quantum. Meanwhile, the plaintiffs are pursuing a cross-appeal for higher compensation, he said.
Free Malaysia Today
18 hours ago
- Free Malaysia Today
Suspect who died in police custody assaulted while in cell, inquest finds
Coroner Sazlina Shafie said G Jestus Kevin could have been saved if the police had brought him to the hospital for treatment. (Reuters pic) PETALING JAYA : An odd-job worker who died in police custody five years ago had been assaulted by other inmates, an inquest revealed. Coroner Sazlina Shafie said the police failed to properly monitor G Jestus Kevin, who was sick when he was arrested. And Kevin's condition worsened when he was placed in a cell together with other inmates. 'He was assaulted while in the cell and under the care and control of the police. 'A post-mortem report revealed he died of blunt force trauma, cardiomyopathy and liver steatosis,' she said in her findings, which was read out today in the Kuantan coroner's court. Sazlina also said Kevin was unattended after he was beaten up. She said Kevin could have been saved if the police had brought him to the hospital to be treated for meningoencephalitis – the inflammation of the membranes of the brain and the adjoining cerebral tissue. Instead, she said, he was placed in a cell together with other detainees. 'Based on the findings, I declare that a known person/persons were responsible for his death.' Deputy public prosecutor Azizah Ahmad assisted in the inquiry while lawyers M Visvanathan and Sanjay Visvanathan held a watching brief on behalf of Kevin's family. Kevin and another suspect, M Pathmarajah, were arrested by the police for theft on April 2, 2020, and were remanded for four days pending investigation. Kevin became delirious at around 9pm, two days after his arrest, while being held in a cell. Two years ago, Kevin's father, A Ganaprakasam filed a negligence suit against the police and government after his 30-year-old son died in the police lockup in Bentong, Pahang. He also brought an action for the tort of misfeasance by the police. In the suit filed in the Kuantan High Court, Ganaprakasam, who is also the administrator of his son's estate, is seeking damages and compensation for loss of earnings and support. The plaintiff named 13 policemen, the Bentong police chief, the inspector-general of police and the government as defendants. He has also named two inmates, Shaiful Zakaria and Azril Yusof, who are said to have caused his son's death.
The Herald
24-07-2025
- The Herald
Nine correctional officers accused of inmate's murder granted bail
Nine correctional services officials accused of the murder of an inmate at the Polokwane Correctional Centre have been released on R1,500 bail each. Victor Ramoroka, 52, Victor Seakamela, 59, Lutendo Vele, 41, Christopher Mafela, 33, Michael Ramabu, 42, Anna Shai, 41, Josephine Mphela, 49, Obed Selolo, 53, and Lucas Phihlela, 54, appeared in the Polokwane magistrate's court on Tuesday facing a charge of murder. The group is accused of assaulting a male inmate in July 2024 who later succumbed to his injuries while in custody. Limpopo police spokesperson Col Malesela Ledwaba confirmed the incident. 'Subsequent to police investigations, it is alleged that during July 2024, the Correctional Services members assaulted a male inmate and he later died,' said Ledwaba.
CBC
23-07-2025
- Health
- CBC
Canadian who died in ICE custody reported health issues weeks before death, agency says
The Canadian who died while in custody of U.S. Immigration and Customs Enforcement (ICE) had several health concerns in the weeks leading up to his death, according to a report published on Wednesday. The report comes exactly a month after Johnny Noviello, 49, was found unresponsive at a federal detention centre in Miami. The day after Noviello was taken into ICE custody, he was diagnosed with a seizure disorder and hypertension. He was prescribed anticonvulsant and blood pressure medications, according to the report. Noviello had been in the U.S. since 1988 and became a lawful permanent resident in 1991. The Canadian citizen was convicted of a number of offences in 2023 — including racketeering and drug trafficking — and had been sentenced to 12 months in prison, according to an ICE release. He was arrested by ICE at a Florida probation office on May 15. Noviello's lawyer maintains he had not violated the terms of his probation. Noviello was being detained "pending removal proceedings," the agency said in a news release. On June 8, a medical provider requested a mental health referral for Noviello after he reported "feeling sad and depressed" and refused to go to a medical clinic for an evaluation. The next day, according to the ICE report, he said to staff that he had not eaten in "a while." "A provider evaluated Mr. Noviello by request of a [behavioural health provider] BHP, and documented Mr. Noviello maintained poor personal hygiene," the report says, noting that a provider discussed with him the "importance of self-hygiene and proper diet." In the afternoon on June 23, prison staff found Noviello unresponsive without a pulse and with low body temperature and blood sugar levels. The Miami Fire Rescue Department took over his care and attempted to revive him for half an hour, before pronouncing him dead. The cause of Noviello's death is unknown and is under investigation.
National Post
23-07-2025
- Health
- National Post
ICE goes public with a new report on Canadian man who died in custody
Article content A Canadian who died in ICE custody is documented to have had health concerns, according to a report made public by the U.S. government agency today. While in custody, the 49-year-old was prescribed medication for seizures and hypertension, and recommended to undergo mental health evaluation after he was reported to be feeling 'sad and depressed, and refused to go to the medical clinic for an evaluation.' Article content Article content Why was the Canadian man arrested by ICE? Article content Johnny Noviello entered the U.S. on a legal visa in 1988 and became a permanent resident in 1991. In 2023, he was convicted on the charges of drug trafficking, racketeering and the unlawful use of two-way communication device used to facilitate commission of crime. He was sentenced to prison for 12 months. Article content His arrest by ICE came in 2025, wherein he was issued a notice to appear in court and faced a removability charge. Article content What does the ICE report say about the health of the Canadian who died in custody? Article content The 49-year-old was pronounced dead late in June after being found unresponsive in a detention centre in Miami. Respecting the family's privacy, Global Affairs minister Anita Anand had said late in June that 'further details will not be provided at this time.' Article content Today, the Government of Canada was notified of the death of a Canadian citizen while in custody in the United States. Canadian consular officials are urgently seeking more information from US officials. I offer my sincere condolences to the family. In order to respect the… — Anita Anand (@AnitaAnandMP) June 26, 2025 Article content Article content The report released today highlighted health concerns that the officials flagged before he died. Here's what we know about the timeline since his arrest: Article content Article content May 15: Noviello was arrested and detained. Article content May 16: The 49-year-old underwent a routine health inspection. A registered nurse completed the medical intake screening and noted the diagnosis of 'hypertension and seizure disorder, slightly elevated blood pressure, high body mass index, and his reported medication list and sent a provider referral' for him. He was prescribed medication. Article content May 30: As per the documentation, the Canadian man is said to have refused a health history and a physical exam. Article content June 8: He was reported to be feeling sad and depressed and is said to have refused a health evaluation at a medical clinic. Article content June 9: Noviello reportedly maintained poor personal hygiene and stated he had not eaten in 'a while.' Documentation revealed his vitals to be normal, and that there was discussion with him around the importance of self-hygiene and proper diet.
