Court awards RM280,000 to family of drug suspect in lockup death
Janagi Nadarajah holding a photograph of her husband, Benedict Thanilas, who died in a police lock-up in July 2017.
KUALA LUMPUR: The High Court here ordered the government and police to pay RM281,300 in damages to the family of a drug suspect who died in police custody four years ago.
Judicial commissioner Quay Chew Soon made the order in the suit by the family of Benedict Thanilas against the government during an online proceeding today.
NGO Eliminating Deaths and Abuse in Custody Together (Edict) said the court ruled that the family had proven the case on the balance of probabilities.
“The court awarded RM91,800 in dependency claim, RM50,000 for pain and suffering, RM100,000 in aggravated damages, damages for bereavement at RM30,000, and funeral expenses at RM4,000,” it said.
Another RM5,500 was awarded as cost on letters of administration.
The family was represented by M Visvanathan and V Sanjay Nathan.
The NGO said the court did not order an award on the family’s claim over breach of misfeasance in public office committed by the police.
“The lawyers will seek further instructions from the family on whether to appeal on the non-award of (the claim of) misfeasance in public office,” Edict said.
The group said it welcomed the High Court’s decision today.
“Such a case can be a lesson to law enforcement officers on handling detainees in accordance with the law,” it said.
Last year, the coroner’s court ruled that Thanilas’ death in custody could have been avoided if he had been given the medical attention he needed.
Thanilas, 44, who had been detained under the Dangerous Drugs (Special Preventive Measures) Act 1985, was found unconscious in his cell at the Jinjang police lockup on July 10, 2017.
He was taken to Hospital Kuala Lumpur but was pronounced dead.
Coroner Mahyojn Talib said the officers’ neglect had contributed to Thanilas’ death, adding that they should have looked into the medical needs of detainees under their care.
KUALA LUMPUR: The High Court here ordered the government and police to pay RM281,300 in damages to the family of a drug suspect who died in police custody four years ago.
Judicial commissioner Quay Chew Soon made the order in the suit by the family of Benedict Thanilas against the government during an online proceeding today.
NGO Eliminating Deaths and Abuse in Custody Together (Edict) said the court ruled that the family had proven the case on the balance of probabilities.
“The court awarded RM91,800 in dependency claim, RM50,000 for pain and suffering, RM100,000 in aggravated damages, damages for bereavement at RM30,000, and funeral expenses at RM4,000,” it said.
Another RM5,500 was awarded as cost on letters of administration.
The family was represented by M Visvanathan and V Sanjay Nathan.
The NGO said the court did not order an award on the family’s claim over breach of misfeasance in public office committed by the police.
“The lawyers will seek further instructions from the family on whether to appeal on the non-award of (the claim of) misfeasance in public office,” Edict said.
The group said it welcomed the High Court’s decision today.
“Such a case can be a lesson to law enforcement officers on handling detainees in accordance with the law,” it said.
Last year, the coroner’s court ruled that Thanilas’ death in custody could have been avoided if he had been given the medical attention he needed.
Thanilas, 44, who had been detained under the Dangerous Drugs (Special Preventive Measures) Act 1985, was found unconscious in his cell at the Jinjang police lockup on July 10, 2017.
He was taken to Hospital Kuala Lumpur but was pronounced dead.
Coroner Mahyojn Talib said the officers’ neglect had contributed to Thanilas’ death, adding that they should have looked into the medical needs of detainees under their care.
The money helps a bit.
ReplyDeleteHowever, the deep wrong which had not been addressed is that nobody in authority has been held accountable for the death.