Father of killed prison inmate awarded RM400k

 

The Home Ministry, Prisons Department and government were ordered by the High Court in Kuala Lumpur today to pay more than RM400,000 to M Ghaur Chandram for the death of his 23-year-old son at the Sungai Buloh prison six years ago.

Judge Nik Hasmat Nik Mohamad on Feb 13 this year found the prison authorities had breached in caring for G Uthayachandran and were negligent in their actions, resulting in his death at the hands of prison inmates.

One of the prison doors was not locked during food rationing time, thereby allowing the inmates to attack Uthayachandran.

Justice Nik Hasmat today ordered the three defendants to pay RM192,000 (or a rate of RM1,000 times 16 years) as special damages, another RM100,000 in exemplary damages and RM100,000 as general damages.

She also ordered the government to pay RM4,000 as funeral expenses and RM5,000 in probate.

“Besides this, the court orders the government pay RM60,000 as costs to the plaintiff,” Nik Hasmat ordered.

Ghaur Chandram (above, right) filed the suit in 2009 had named the Home Ministry secretary-general, the Sungai Buloh Prison director, the prison hospital’s medical officer, two wardens and the government as defendants.

Guards failed to close canteen door

Uthayachandran, 23, who was remanded for a drug-related offence died at the prison canteen after the guards failed to close the prison door, resulting in other inmates assaulting him on May 18, 2008.

The father claimed that the prison authorities were negligent and had breached in their duties in caring for Uthayachandran.

Uthayachandran's sister G Eshwary said although they are not happy with the quantum, they have to accept it as it is.

She was in court with her father Ghaur Chandram, a taxi driver.

On Feb 13, Justice Nik Hasmat agreed that the defendants were also late in sending Uthayachandran, a tow truck operator, to the hospital in a van, where the victim was pronounced dead on arrival.

In her judgment, she said the court was satisfied that the father had proved his claim against the defendants.

She also said it was not normal practice for an inmate to be brought down when the food rationing exercise was carried out and “Pintu B” (Gate B) on the ground floor was not closed, allowing a group of prisoners to attack Uthayachandran.

Nik Hasmat also said the six to seven prison guards present then were not equipped to look after more than 700 inmates in the prison.

“The victim died as a direct result of the attack on him by fellow inmates. The court merely rules that there was breach of care and degree of negligence on the part of the defendants, which resulted in his death.

“Accordingly, I allow the plaintiff’s claim of special damages for funeral expenses and loss of dependency, exemplary and general damages,” she ruled.

Ghaur Chandram was represented by Arnold Andrew (above, right) while senior federal counsel H S Huam appeared for the defendants.

The defendants have filed an appeal against the quantum, but not on their liability.