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  Malaysian police sued for motorcyclist's death

Last updated 26 Aug 2003

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The New Paper - 23 May 2003

Couple sues M'sian police for $1.3m for son's roadblock death

By Seto Nu-wen

THREE million ringgit or $1.35m. That is what a Malaysian couple want the police to pay for the death of their son.

They filed the lawsuit on Sunday at the Terengganu High Court.

Named in this suit are the former Terengganu state police chief Deputy Commissioner Othman Talib, another unnamed police officer and the Malaysian government.

In the court submissions, a copy of which was obtained by The New Paper, the couple, Mr Endut Tahir, 50, and Madam Rohibah Mat Jusoh, 42, claim the police were responsible for a fatal accident involving their son.

On Nov 21 last year, Mr Ahmad Faizal Endut, 19, was riding a motorcycle on his way home in Seberang Takir, Terengganu.

In the court papers, his parents claim a police officer had erected a roadblock along Jalan Tengku Ampuan Bariah where the accident happened.

They claim that the police officer had put up the roadblock without instructions from his superiors and that he had not given enough warning to motorists about the roadblock. They also claim that the same police officer had hit Mr Ahmad on the head with a dangerous object.

The parents allege that Deputy Commissioner Othman had failed to give proper instructions to the police officer, who is his subordinate. The lawsuit claims that as a result of these incidents, Mr Ahmad died on Nov 30 last year.

A post-mortem report by the Forensic Unit Department of Pathology at Malaysian Science University states that he sustained multiple fractures to his skull.

His parents are seeking damages for the loss and pain they have suffered after their son's death. They are also claiming psychiatric costs for the therapy they have been undergoing at the Kota Bahru Medical Centre.

The couple's lawyer, Mr Mohd Rohan Mohd Razi told The New Paper: '(The parents) have been seeking psychiatric help since his death.'

The couple have seven children and Mr Ahmad, who is the second eldest, was the sole breadwinner of the family. The eldest, a daughter, is unemployed. Other siblings are in school.

Mr Ahmad worked as a contract worker, earning RM35 a day. He gave RM200 to his parents every month.

Said Mr Mohd Rohan of Deputy Commissioner Othman: 'He is well-known figure. But I'm pretty optimistic of our chances in this case as we have good witnesses.'


'THEY PAY UP'

IN June 2001, a Malaysian man sued Ayer Tawar police for RM13m ($5.9m) for causing his son to be paralysed.

He claims that police officers kicked his 18-year-old son off his motorcycle at a police roadblock and then trampled on him.

In 1998, Kota Baru police were taken to court for allegedly firing on a van of six people, killing them.

But out of these civil suits against the police, how many are won and how many actually get paid compensation?

A Malaysian lawyer with more than 20 years' experience in civil cases told The New Paper that so far, the police and government are 'good paymasters'.

'If they lose a case, they will usually try to appeal. But if they have to pay, they will pay up. There is usually no problem about it,' he said.





 

 

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