“The suit is not affected as the acquittal of the four cops for the murder of N Dharmendran by the Federal Court is a separate proceeding.”

He said the standard of proof in civil cases was on the balance of probabilities and lower compared with that in a criminal case, which calls for proof beyond reasonable doubt.

Surendran said this when asked if the suit filed by plaintiff MS Marry now stood on weaker ground after the apex court had cleared the four of the crime.

On Wednesday, a five-member bench chaired by Chief Judge of Malaya Zaharah Ibrahim said the decisions of the High Court and the Court of Appeal would be maintained as the criteria for circumstantial evidence put forward by the prosecution had not been met.

“Evidence of the prosecution and defence did not show that the four accused were responsible for the death,” she said in dismissing the prosecution’s appeal.

Inspector S Hare Krishnan, Sergeant Jaffri Jaafar and Corporals Mohd Nahar Abd Rahman and Haswadi Zamri Shaari were charged with murdering Dharmendran at the Kuala Lumpur police headquarters on May 18, 2013.

Dharmendran had been detained for alleged attempted murder involving firearms. He was kept in the lock-up for 10 days.

On May 20, 2016, Marry sued the government, the inspector-general of police and nine policemen, including the four cops, for the alleged attack and assault on Dharmendran during detention, which led to his death.

If found liable, the government would pay the damages since it has been named for vicarious liability.

Mary claimed her husband’s negligent death was due to breach of statutory duty by the defendants under Section 3(3) and 20 of the Police Act 1967.

Surendran said witnesses representing Mary and the defendants had completed giving their evidence.

“We will present written and oral submissions before the trial High Court judge delivers decision,” he said.