KUALA LUMPUR: The Sessions Court has dismissed a negligence lawsuit filed by the family of navy cadet officer J. Soosaimanicckam against the Malaysian Armed Forces Council, the government and others over his death.
The family's lawyer Zaid Malek said Sessions judge Idah Ismail made the dismissal after finding that the plaintiff failed to establish a claim on the balance of probabilities.
The court also awarded RM10,000 in costs to the defendants.
Zaid told the press that the family would file an appeal against the decision, which was delivered via e-review on Tuesday (Dec 17).
On May 19, 2021, Soosaimanicckam's father S. Joseph filed the lawsuit, claiming 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 claimed negligence in monitoring his wellbeing and health during training sessions.
Joseph named 11 navy officers, the navy commander, Malaysian Armed Forces Council, the Defence Minister, and the government as the first to 15th defendants in the lawsuit.
The plaintiff sought general, aggravated and exemplary damages, and other relief deemed appropriate by the court.
Soosaimanicckam, a graduate cadet officer, was pronounced dead at the Armed Forces Hospital in Lumut on May 19, 2018.
Last year, the Ipoh Coroner's Court delivered an open verdict in the inquest to ascertain the cause of the cadet officer's death.
On July 29, the Ipoh High Court set aside the coroner’s open verdict and revised it to homicide.
