Today, the Court of Appeal upheld the RM450,000 damages awarded to a widow and her son for the death of her husband while in police custody seven years ago, dismissing the appeals by the police and government to overturn the decision.
Lawyer Haresh Mahadevan, representing M. Vimala Devy and her son Thusataran, informed Bernama that the three-judge panel, led by Justice Datuk Lee Swee Seng, found no valid reason to challenge the factual findings of the Judicial Commissioner. Justice Lee emphasized that the injuries sustained by Vimala’s husband, M. Segar, were compellingly proven by a forensic pathologist's evidence.
Justices Datuk Collin Lawrence Sequerah and Datuk Azizul Azmi Adnan joined Justice Lee on the bench. Haresh noted that Justice Lee criticized the police for not providing the CCTV footage from the Port Dickson lock-up and interrogation room, which could have shed light on the circumstances leading to Segar's death. Additionally, Justice Lee awarded RM15,000 in costs to Vimala and her son.
In a previous ruling on September 8, the Seremban High Court held the defendants negligent for failing to ensure Segar's safety while in custody. Judicial Commissioner Wan Fadhilah Wan Idris awarded RM200,000 in aggravated damages, RM150,000 for misfeasance in public office, RM63,000 for loss of support, RM30,000 for bereavement, and RM3,780 for funeral expenses to Vimala and Thusataran.
The lawsuit, filed in 2020, named several defendants: Rozek Azmi, the Port Dickson district police chief; the Port Dickson police station chief; the Negeri Sembilan police chief; the Inspector-General of Police; and the government. Vimala and her son asserted in their statement of claim that Segar, a stall helper, and his friend were detained by the police on April 17, 2017, for alleged drug abuse. A post-mortem conducted at Hospital Tuanku Ja’afar revealed that Segar died from injuries consistent with blunt force trauma to internal tissues.
The widow and her son were represented by lawyers Krishna Dallumal and Yong Young Hui, while senior federal counsel Siti Syakimah Ibrahim and federal counsel Syafiq Affandy Hassan represented the police and government. The case has drawn attention to issues of police accountability and the treatment of detainees in custody. The Court of Appeal's decision reaffirms the High Court’s findings and underscores the judiciary’s role in addressing wrongful deaths and ensuring justice for victims and their families.
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