KUALA LUMPUR: The Shah Alam High Court has awarded RM194,170 in damages to the family of a security guard who committed suicide while in the custody of the Malaysian Maritime Enforcement Agency (MMEA).
Justice Alice Loke found the Selangor maritime director, an MMEA investigating officer, and the government liable for the events that led to the demise of M. Thinagaran.
"I am of the view that the duty of care on the part of the defendants to take reasonable care of the deceased extends not only to preventing harm caused by third parties but by the deceased inflicting self-harm," she said in a written judgment dated July 28.
The judgment was recently uploaded online on the judiciary website.
Thinagaran, 31, was arrested with another individual by MMEA officers at 7.15am on Jan 9, 2019, in a special operation near Tanjung Rhu Jetty.
The two men were arrested on a boat driven suspiciously, where packages of drugs were found.
Both were taken into custody and remanded for seven days for a drug investigation.
Thinagaran was found lifeless and hanging from the ceiling of the lock-up at about 6.30am four days later.
His widow, R. Tenaswari, 32, and father, K. Madhavan, 62, filed the lawsuit against the defendants, claiming negligence, breach of statutory duty, and misfeasance in public office.
The defendants contended that the deceased's death was not caused by their negligence but by the voluntary act of the deceased.
Justice Loke, however, stated it was evident that the deceased was provided with two pairs of trousers while in lock-up, one for wearing and one as a spare that he used as a pillow.
"I find that it was negligent on the part of the defendants to have provided him the spare trousers. While trousers as attire are ordinarily innocuous and harmless, they have the potential of being dangerous when provided to a detainee.
"It is unfathomable for the deceased to be provided with another set of trousers only to be used as a pillow. It would appear that there was a careless disregard of the potential harm to which this attire could be put to," she said.
The deceased had hung the extra pair of trousers from a grille on the ceiling, a fixture which the judge said ought to have raised a red flag.
"I therefore find that the defendants created the risk of harm to the deceased.
"They failed to take reasonable care by providing him with the second pair of trousers, which then gave him the opportunity to commit the fatal act. In the circumstances, I have no hesitation in finding the defendants have breached their duty of care," she added.
On the matter of CCTV, Justice Loke noted that had there been continuous monitoring or shorter intervals than the hourly checks, the deceased could have been prevented from carrying out the suicide.
"To my mind, had there not been a lapse in the CCTV monitoring, the deceased's death could have been prevented," she said.
The court said there was a clear breach of duty when the deceased was with an extra pair of trousers in the presence of a grille in the lock-up, where the risk of suicide is not unforeseeable with detainees.
"Coupled with this is the lack of monitoring which could have prevented the deceased from successfully carrying out his intention to commit suicide.
"In the circumstances, the defendants are liable in negligence," she added.
The court awarded the family RM6,370 in special damages; RM5,000 in funeral expenses; RM10,000 for bereavement of the widow, and RM172,800 in loss of earnings.
The court also awarded the family RM30,000 in costs.
Those suffering from mental health issues or contemplating suicide can reach out to the Mental Health Psychosocial Support Service (03-2935 9935 or 014-322 3392); Talian Kasih (15999 or 019-261 5999 on WhatsApp); Jakim's Family, Social and Community care centre (011-1959 8214 on WhatsApp); and Befrienders Kuala Lumpur (03-7627 2929, go to www.befrienders.org.my/centre-in-malaysia for a full list of numbers and operating hours, or email sam@befrienders.org.my
