Court of Appeal overturns High Court ruling, finds government not liable for negligence in 2019 death of a security guard in MMEA custody.
PUTRAJAYA: The government has succeeded in overturning a High Court ruling that found it liable for negligence in the death of a security guard who died by suicide in custody.
A three-member Court of Appeal panel unanimously allowed the government’s appeal, setting aside the order to pay RM194,170 in damages to the family of M. Thinagaran.
Justice Datuk Mohamed Zaini Mazlan said the High Court erred in finding the risk of suicide was reasonably foreseeable in this case.
He stated that evidence showed the deceased exhibited no suicidal tendencies and appeared normal during monitoring.
“The risk of suicide must emanate from the deceased’s history to establish a specific foreseeable risk,” said Justice Mohamed Zaini, referencing a previous case.
The panel, which included Justices Datuk Ahmad Kamal Md Shahid and Datuk Nadzarin Wok Nordin, also dismissed a cross-appeal by the family.
The family’s claim for damages for misfeasance, breach of statutory duty and aggravated damages was dismissed.
The court awarded RM40,000 in costs to the appellants, which included the government, the Selangor maritime director and an MMEA investigating officer.
Thinagaran was detained at a Malaysian Maritime Enforcement Agency lock-up in Klang in January 2019.
He was found dead in his cell four days after being detained on suspicion of drug-related offences.
A post-mortem confirmed the cause of death as hanging.
The deceased’s widow and father had sued the appellants on grounds of negligence, breach of statutory duty and misfeasance.
The High Court had only allowed the negligence claim, awarding damages for loss of earnings, special damages, funeral expenses and bereavement.
