A three-member panel led by Justice Nallini Pathmanathan – alongside Justices Nordin Hassan and Vazeer Alam Mydin Meera – denied the filing brought by Karuna’s widow, R Kaliamah, and her two sons, K Yugesh Varan and K Kisho Kumar against the Court of Appeal’s decision.
Nallini said their second suit was res judicata, meaning it had been adjudicated by a competent court and therefore could not be pursued further by the same parties.
“Regrettably, we will have to dismiss the application for leave to appeal with no order as to costs,” she said.
She explained that the second suit was based on the same facts, same parties, and same issues, except for the introduction of a new point of law.
This, she noted, is a classic definition of res judicata, adding that the law is clear, and the court is bound to follow it.
“It is a very sad thing that this gentleman in custody suffered 49 blows, but the court has gone through the process and our hands are tied,” Nallini said.
She added that issues relating to Article 5 of the Federal Constitution on a person’s fundamental liberty, had been argued.
Nallini said since the law was very clear, the court did not need to hear submissions from senior federal counsel Donald Joseph Franklin, who appeared for the 16 respondents including the policemen, the home minister, and the government.
Earlier, lawyer T Manoharan, who represented Kaliamah and her sons, said their first suit was filed under Section 7 of the Civil Law Act 1956 but the second suit was under public law.
Karuna was arrested on May 28, 2013, but died in custody on June 1, 2013, with 49 fresh injuries on his body.
In January 2015, the coroner’s open verdict ruled that Karuna’s death was due to several factors, including beatings by the police and other inmates, resulting in the injuries he sustained.
Following the inquest, Kaliamah and her sons filed a lawsuit on Jan 25, 2018, at the Seremban High Court, alleging negligence and assault by the police and government leading to Karuna’s death.
However, the court dismissed the suit, stating it was filed out of time, as it was lodged more than three years after he died. This ruling was upheld by the Court of Appeal and the Federal Court.
Kaliamah and her two sons then filed another lawsuit on Jan 26, 2021, against 16 defendants including 14 policemen, the home minister, and the government seeking compensation for Karuna’s death.
The Kuala Lumpur High Court dismissed this suit in February 2022, a decision which would be upheld by the Court of Appeal on Oct 19, 2023.