Monday, 22 Mar 2021 03:42 PM MYT
Federal Court judge Datuk Rhodzariah Bujang who delivered the court’s majority decision, said there was nothing in the Federal Constitution that provides, in any direct or vague way, the right of a deceased’s estate to exemplary damages. The High Court, in allowing the lawsuit filed by Chandran’s family in 2016, had ordered the police and the government to pay a total sum of RM357,500 in damages which included RM200,000 in exemplary damages.
The majority decision came from Court of Appeal President Tan Sri Rohana Yusuf, Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim, Federal Court judges Datuk Abdul Rahman Sebli, Datuk Zabariah Mohd Yusof and Datuk Seri Hasnah Mohammed Hashim and Justice Rhodzariah. “The damages of RM200,000 awarded by the High Court were clearly punitive in nature to indicate the court’s outrage at the conduct of the authorities, resulting in his unnecessary death,” said Justice Nallini.
In September 2015, Selvi and Rita filed a civil lawsuit against the seven appellants — five police officers, Inspector-General of police and the Malaysian Government — claiming that Chandran’s death was caused by their negligence and that their conduct amounted to public misfeasance and breach of the deceased’s constitutional rights.