KUALA LUMPUR: The Sessions Court here was told that navy cadet officer J. Soosaimanicckam had completed his daily physical training despite looking tired on the day he died.
Lt Nur Suhana Kasim Bakri, who was on duty that day, said that the deceased participated in physical activities such as running for three rounds and push-ups.
"He continued with his training but he was not as active as other cadets," she said.
The witness said this under cross-examination by lawyer Latheefa Koya, who is representing Soosaimanicckam's father S. Joseph in a civil lawsuit filed by him.
In this suit, 11 navy officers, the navy commander, the Malaysian Armed Forces Council, the Defence Minister and the Malaysian government are the first to 15th defendants.
Of the 11, Lt Nur Suhana is the fifth defendant in the civil action.
According to the witness statement, Lt Nur Suhana said that after the physical training completed, Soosaimanicckam and the other candidates were required to undergo a Body Mass Index (BMI) examination and do cleaning activities at the living quarters.
At this interval, Lt Nur Suhana said she was away at the Armed Forces Hospital (HAT) in Lumut to check on other cadets there at a time approximately between 10am and 12.30pm.
She then said that she was told by another officer when she returned from the hospital that a cadet (Soosaimanicckam) was sick and added that she gave the order to bring the cadet to the hospital.
"There was no sick form to fill because to me, it was an emergency," she said.
Soosaimanicckam was brought to the hospital by two other officers while Lt Nur Suhana went to the hospital separately.
Upon her arrival, she said Soosaimanicckam was already in the Emergency Department.
"A doctor came and said that he died at about 1.45pm," she added.
Lt Nur Suhana said she subsequently informed her commanding officer Kapt Jamsari Tahir, who told her to inform the deceased's family.
When asked how she knew to contact the family, Lt Nur Suhana said she could not remember.
Latheefa: How did you get information on the deceased's family?
Lt Nur Suhana: I don't remember.
Latheefa: I'm sure you don't have Soosaimanicckam's name in your phone. How did you know who to contact?
Lt Nur Suhana: I don't remember.
A war of words broke out when Latheefa asked the witness repeatedly to clarify some of her answers.
"Two days ago, the (Ipoh) High Court ruled that this (case) is a homicide. This is serious," Latheefa told Lt Nur Suhana.
At this juncture, SFC Nur Ezdiani Roleb stood up to object.
"The decision of the (criminal) High Court is not binding over to the civil court," she said.
Latheefa replied that she did not mean that the High Court's decision was binding.
"I'm saying this is a serious matter," she said.
Sessions Court judge Idah Ismail then told Latheefa to rephrase her questions to be "more specific".
In the lawsuit filed on May 19, 2021, the victim's family alleges negligence on the part of the defendants for failing to provide emergency treatment when the victim collapsed on the day of the incident and further claims negligence in monitoring his well-being and health during training sessions.
The plaintiff seeks general damages, aggravated damages, exemplary damages, and other relief deemed appropriate by the court.
Soosaimanicckam, a graduate cadet officer, was pronounced dead at the HAT in Lumut on May 19, 2018.
Last year, the Ipoh Coroner's Court delivered an open verdict during the inquest into the cadet officer's death to ascertain the cause.
On Monday (July 29), the Ipoh High Court set aside the coroner’s open verdict and revised it to homicide.
The hearing continues on Aug 19.
