M Visvanathan said the sum of damages awarded must be high enough to reflect the court’s “indignation, abhorrence and disgust” towards the negligent conduct that caused Kamarulnizam Ismail’s untimely and unwarranted death.

Drawing from a recent verdict in another case, Visvanathan said the Federal Court had awarded RM200,000 in aggravated damages to the widow and daughter of lorry driver P Chandran who died in a police lock-up.

“The police did not afford Chandran the necessary care and medical attention he required and he subsequently died in custody,” he said in written submissions filed in the Court of Appeal and made available to FMT.

In the case of Kamarulnizam, Visvanathan said the defendants had clearly disregarded the Lock-up Rules 1953 and Prison Regulations 2000 by failing to arrange for a medical check-up for the deceased during the remand process and subsequently in prison.

He also submitted that the court should award Kamarulnizam’s parents RM71,400 for a dependency claim as he had been supporting them financially without fail.

The government, in its submissions, said Kamarulnizam who was having diarrhoea at the time, was examined by a doctor when brought to prison.

“No complaint was made by the deceased that he was suffering any abnormal symptoms,” it said in its submission.

It also said the doctor further prescribed medication to the deceased for diarrhoea.

“Two witnesses also indicated their prompt action upon discovering the deceased in a state of unconsciousness in his prison cell,” it added.

The government proposed that only RM27,685.44 be awarded for a dependency claim to the parents.

On June 24, the Court of Appeal ruled that Kamarulnizam’s mother, Rahaya Salleh, 71, was entitled to damages for negligence and dependency claim as the police and prison department were liable.

A three-member bench chaired by Yaacob Md Sam ordered the parties to file written submissions before a decision is delivered on July 7.

Senior federal counsel Azizan Md Arshad and Andi Razalijaya A Dadi are representing the government.

In August 2019, the Ipoh High Court allowed Rahaya’s suit against 12 individuals and the government over Kamarulnizam’s death, and awarded her RM100,000 for unlawful detention, RM50,000 for misfeasance in public office and RM2,000 in funeral expenses.

Judge Anselm Charles Fernandis, however, dismissed the dependency claim and aggravated damages although he found that the death was due to negligence and assault.

The appellate court allowed the government’s appeal to set aside the claim for unlawful detention and misfeasance in public office.

In 2014, Kamarulnizam, 39, had been fined RM800 by the magistrates’ court after he pleaded guilty to offences under the Penal Code and the Minor Offences Act.

His father, Ismail Ahmad, came to the Bukit Mertajam court to settle the fine but Kamarulnizam wanted to serve a two-week jail term instead as he wanted to use the money to repair his car.

Kamarulnizam, who had been employed as a general worker at a sugar refinery in Penang, was said to have been earning RM2,500 a month.

In her statement of claim, Rahaya, a housewife, said Kamarulnizam gave the family RM1,300 a month.

She alleged that Kamarulnizam was assaulted by three policemen during detention at the Seberang Perai Tengah district police headquarters in Bukit Mertajam.

After the court’s decision, Kamarulnizam was sent to Tapah prison in Perak to serve the jail term on March 3.