M S Marry applied and secured the default judgment from the High Court after the four men failed to appear or have a lawyer represent them in court when her lawsuit against them came up for mention.
Judicial Commissioner Roslan Abu Bakar today allowed the application by Inspector S Hare Krishnan, 42; Sergeant Jaffri Jaafar, 46; Corporal Mohd Nahar Abd Rahman, 47; and Corporal Mohd Haswadi Zamri Shaari, 34; to set aside the order.
Lawyer Baljit Singh, who represented the four, told reporters when met after the proceeding in chambers, that the judge also ordered the defendants to file their statement of defence within 14 days from today.
Marry’s lawyer, Melissa Sasidaran, confirmed the matter. The court also set Feb 27 for case management.
On May 20, 2016, Marry, 29, sued the Inspector-General of Police, nine Royal Malaysian Police officers, including the four, and the government for alleged attack and assault on Dharmendran during detention, which led to his death.
She claimed her husband’s death was due to negligence of statutory duties by the four policemen, under Section 3(3) and 20 of the Police Act 1967.
Dharmendran, who was 34 years old, was held on suspicion of attempted murder.
On Feb 26, 2016, the Court of Appeal ordered the four policemen to enter their defence for Dharmendran’s murder after setting aside their acquittal granted by the High Court here.
They were accused of murdering Dharmendran in the interrogation room of the Serious Crimes Division (D9) in Jalan Hang Tuah between May 18 and May 21 in 2013.
However, on June 29, 2016, the High Court acquitted and discharged them after finding that the prosecution had failed to prove its case against them.