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THE government and the Royal Malaysia Police have filed an application with the Federal Court seeking permission to appeal a previous ruling that held both parties vicariously liable for the death of a grave digger while in police custody in 2019.
M. Visvanathan, the lawyer representing the deceased’s mother, Fadhelah Othman, confirmed to Bernama that the application was filed last month and has been forwarded to his law firm. The Federal Court has scheduled case management for 30 March.
Through the notice of motion, the government and police are seeking leave to challenge the Court of Appeal’s decision on 26 January, which had upheld the High Court’s finding that both the police and the government bore responsibility for the death of Mohd Fadzrin Zaidi.
The legal filing also presents two specific questions of law for consideration by the Federal Court.
Mohd Fadzrin, 29, had been detained in a police raid related to drugs on 20 November 2019 and remanded for seven days.
He was held at the Seberang Perai Utara District Police Headquarters lock-up, where he was found hanging in his cell the following morning.
In 2022, Fadhelah filed a lawsuit at the Georgetown High Court against the police and government over her son’s death.
In May 2024, the High Court ruled in her favour, determining that the police were negligent in failing to prevent Mohd Fadzrin from taking his own life while in custody, and that the government was vicariously liable for this negligence.
The court awarded Fadhelah RM147,600 in damages and RM50,000 for legal costs.
The Court of Appeal later dismissed the governments and police’s appeal against the High Court decision but reduced the total damages to RM97,600.
The award included RM57,600 for loss of dependency, RM30,000 for pain and suffering, and RM10,000 in special damages, while overturning the RM50,000 aggravated damages initially granted by the High Court.
The appeal by Fadhelah to increase aggravated damages and compensation for loss of dependency was also rejected by the Court of Appeal.
The Federal Court will now consider whether the government and police may proceed with their appeal, potentially reopening legal debate on accountability and custodial negligence in Malaysia. March 26, 2026
