Widow wants justice over Customs officer’s death at MACC office

The widow of Ahmad Sarbaini Mohamed told the High Court in Kuala Lumpur today that she filed legal action against the Malaysian Anti Corruption Commission (MACC) to seek justice for his death.

Masiah@Maziah Manap (pic), a supervisor with Petronas Dagangan Berhad in Shah Alam, said she and her children wanted the MACC to explain why her husband and their father was returned to them in a "stiff and lifeless" form.

Ahmad Sarbaini, 56, a Selangor Customs assistant director who was then based at Port Klang was found dead on April 6, 2011, at the badminton court on the first floor of the MACC office in Jalan Cochrane in Kuala Lumpur.

He was believed to have fallen from the pantry located on the third floor of the MACC office building.

Ahmad Sarbaini (pic, below) had gone to the MACC office voluntarily to meet with an investigating officer regarding a corruption case involving 62 Customs officers.

"MACC must accept responsibility for what had happened to the late Ahmad Sarbaini because he was in their premises when his life was taken," she said in tears during the proceeding.

Masiah, 53, was testifying on the first day of the suit which she filed with her son Shahril Ahmad Sarbani, 30, against the MACC and eight others.

Her witness statement, which was tendered in court today, said she felt disheartened that no one from the MACC had come to see her or her family to express their regret over the incident.

Responding to a question from her counsel Razlan Hadri Zulkifli on her feelings when told about her husband's fall from the MACC building, Masiah said she was shocked and distressed to be the last person to know about it.

"On the day of the incident, I received a call from MACC director Mohamed Yusuff Akope that my husband "fell" while he was at the MACC building.

"I only came to know that my husband had fallen off the building, through a neighbour and the news on television," she said.

Masiah disagreed with senior federal counsel Zureen Elina Mohd Dom's suggestion that the MACC did not have the opportunity to explain to her about the incident the very same day.

The mother of five said her husband's death had traumatised her and her children.

She claimed that as a result of the incident, she and her children had to face the perception of other family members, friends and the community that her husband had probably taken bribes and committed suicide.

The proceeding before Justice Datuk Kamaludin Md Said will continue at 2.30pm tomorrow after his visit to the scene of the incident at 11am.

Masiah and her son filed the suit on April 4, this year, naming the MACC, government, MACC chief commissioner, MACC director and five other officers, as defendants.

In the statement of claim, she cited mental and physical torture of her husband by the defendants, resulting in death by negligence.

The plaintiffs are claiming damages for misfeasance in public office, aggravated damages, exemplary damages and vindicatory damages totaling RM8 million.

On September 26, 2011, the Coroner's Court ruled that there was no criminal element or third party interference in Ahmad Sarbaini's death. – Bernama, November 10, 2014.

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