The Court of Appeal reduces total damages to RM97,600 for a 2019 police custody death, setting aside RM50,000 in aggravated damages.
PUTRAJAYA: The Court of Appeal has reduced the damages awarded to the family of a man who died in police custody in 2019 to RM97,600.
A three-member bench set aside the RM50,000 in aggravated damages previously awarded by the High Court to the deceased’s mother, Fadhelah Othman.
The court upheld the awards of RM57,600 for loss of dependency, RM30,000 for pain and suffering, and RM10,000 in special damages.
Delivering the court’s unanimous decision online, Justice Datuk Dr Lim Hock Leng dismissed Fadhelah’s cross-appeal seeking an increase in both aggravated and dependency damages.
The court also dismissed the appeals by the government and the police, which sought to overturn the High Court’s finding of liability for negligence.
Justice Dr Lim said there was no egregious conduct by police officers to justify an award of aggravated damages.
“Negligence by itself does not give rise to an award of aggravated damages as of right,” he said, adding that such damages should not have been granted.
In upholding the liability finding, he said Mohd Fadzrin Zaidi’s suicide was only made possible by breaches of statutory and common law duties of care owed to him by the defendants.
In May 2024, the High Court in Penang allowed Fadhelah’s suit, ruling the police were negligent in failing to prevent the 29-year-old from committing suicide while in custody.
The High Court had awarded total damages of RM147,600 and RM50,000 in legal costs.
Mohd Fadzrin was arrested during a police drug raid and remanded for seven days.
He was found hanging in his cell at the Seberang Perai Utara District Police Headquarters the following day.
