Govt fails to stay execution of RM3.1mil award in botched circumcision case

Govt fails to stay execution of RM3.1mil award in botched circumcision case

Judge says there are no special circumstances for the court to grant a stay of execution.

The concern by the defendants that the youth would not be able to refund the money if they won their case at the Court of Appeal cannot be considered a special circumstance, says judge. (Reuters pic)
KUALA LUMPUR:
The High Court here today dismissed an application by the government and four other parties to stay the execution of a judgment regarding the payment of damages amounting to RM3.1 million to a man who lost the head of his penis in a botched circumcision 12 years ago.

Judge Akhtar Tahir dismissed the application on grounds that there were no special circumstances for the court to grant a stay of execution of the judgment by the defendants.

“The grounds of appeal have been filed (by the five defendants) in the Court of Appeal and the problem in the procedure to withdraw money from the Treasury is not a special circumstance,” he said.

He said the concern by the defendants that the money could not be refunded by the youth if they won in their appeal at the Court of Appeal was not a special circumstance that justified the court granting a stay of execution of the judgment.

Judge Akhtar Tahir.

“An appeal at the Court of Appeal will not take long to be heard. So, it is not possible that the amount of money (RM3.1 million) can be spent in a short time. Therefore, the application is dismissed with a cost of RM3,000,” he said.

Apart from the government, the other four defendants are Kuala Lipis Hospital’s medical officer and director and Selayang Hospital’s specialist and director.

They are appealing against Akhtar’s decision on April 7 in awarding damages of RM3.1 million to the 22-year-old.

In a written judgment, issued on May 27, the judge said the delay of medical staff in treating the man’s injuries had dashed the plaintiff’s hope of saving his private part.

The man filed the suit on July 19, 2018, through his mother, claiming that the circumcision process performed on Dec 13, 2010, was not done according to the prescribed procedure, resulting in the entire head of his penis being severed.

As a result of that, the mother claimed that her son had suffered permanent disability and became a quiet person.

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