Mum Awarded RM560,000 After Son Dies On The Day He Was Supposed To Be Released From Prison
The deceased had served eight months in prison for theft.
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A mother has been awarded RM563,900 in compensation after her 30-year-old son died in prison, just hours before he was due to be released in 2017
According to the New Straits Times, R Siva died on 20 March 2017, the very day he was scheduled to be released, after serving an eight-month jail sentence for theft.
Instead of receiving a call from Tapah Prison to pick Siva up, his family was shocked when his brother was told to collect his body from Tapah Hospital
His sudden death prompted Siva's mother, R Muniamah, to file a lawsuit against 13 parties, including prison officers, police personnel, and the federal government.
She claimed that negligence, breach of duty, and misconduct in public office had led to her son's death while in custody.
The High Court ruled that Siva had been in good health when he entered prison, but something went seriously wrong during his incarceration.
Lawyer M Visvanathan (second from right) explaining the High Court decision to R Muniamah (third from right) outside the courtroom.
Image via FMTIn his judgment yesterday, 9 July, Judicial commissioner Moses Susayan said police failed to protect Siva's health and well-being
He added that authorities had neglected Siva's basic rights, including access to medical care and proper nutrition.
They also failed to inform his family of his deteriorating condition, despite having their contact details.
"On the day of his release, a brother of the deceased was instructed to collect his body from Tapah Hospital," Susayan said, noting that there was a suppression of information.
During cross-examination, a prison medical officer admitted that the facility was at its "lowest ebb" at the time, failing to meet the standards set under the Prison Regulations and the Prison Act, reported FMT.
While a coroner had earlier ruled Siva died of natural causes, the High Court held that his death could have been prevented with proper care.
The court awarded Muniamah:
- RM200,000 for misconduct by officials
- RM300,000 for emotional distress
- RM10,000 for bereavement
- RM38,400 for loss of support
- RM15,500 in special damages
The government was also ordered to pay Muniamah RM70,000 in legal costs.
