Dead prisoner's family gets RM590,900 damages

The New Straits Times

KUANTAN: The High Court yesterday ordered the government and Penor Prison director to pay RM590,900 in damages to the family of an 18-year-old youth who died at the prison six years ago.

Judge Datuk Mariana Yahya made the decision in chambers yesterday after reviewing submissions by lawyer G. Visvanathan Nair, who represented the victim's parents, Mohamed Yusof Mat Diah, 64, and his wife, Rohani Mohamed, 53.

Visvanathan told reporters that in her judgment, Mariana had described the assault by 10 prison employees as brutal and in-humane, and this had led to the death of Mohd Shukri Mohamed Yusof.

She said the prison employees had violated Shukri's human rights and such behaviour was unfair and could never be compromised.

Mariana awarded the amount for aggravated damages, loss of support and other expenses. 

Besides Visvanathan, the plaintiffs were also represented by G. Subramanian Nair and Ebrina Zubir.

The defendants were Azhar Che Wil, Teyun Thian Em, Suhaimi Nordin, Mohamad Hamdan Mohd Yaakob, Ahmad Rizal Ab Halim, Ismail @ Mat Daud Ideris (represented by Amanah Raya Bhd, which is managing his properties after he died), Hamdan Mohamad, Mohd Rozi Abdul Hamid, Baharin Ab Ghani and Zamarul Hafiz Shahbudin.

The Penor Prison director and the government were the 11th and 12th defendants.

Counsel R.S. Pani represented Hamdan, Rozi, Baharin and Zamarul Hafiz, while senior federal counsel Kamal Azira Hassan represented Teyun, Suhaimi, Hamdan, Ahmad Rizal, Ismail, the prison director and the government.

Nine of the warders -- Teyun, Suhaimi, Hamdan, Ahmad Rizal, Ismail@Mat Daud, Hamdan, Rozi, Baharin and Zamarul -- were acquitted in 2005 without their defence being called, while Azhar was sentenced to death.

The Federal Court upheld the conviction and death sentence against Azhar last year.

In the 4.10pm incident on March 1, 2004, Shukri, who was a remand prisoner, had attempted to escape but was caught 30 minutes later and assaulted by the prison employees before he passed out at the prison safety unit room.

Shukri, who was remanded for drug offences, was taken to Tengku Ampuan Afzan Hospital here before he died at 7.44am on March 10. 

A medical report revealed that he suffered several injuries, including a fractured skull and bleeding in his brain.

Rohani, when met outside the court, said she was grateful that the case was over.

"I am not after the money, as my son is no longer alive, but what is important is that justice has been served.

"I hope this will serve as a reminder to the prison employees that they should never take the law into their hands as it can result in the death of people."

The housewife said her family had accepted Shukri's death, but added that it could have been avoided if the prison employees had been more responsible in carrying out their duties. 

She said her family would hold a tahlil (special prayers for the dead) for Shukri soon.