PUTRAJAYA: The Court of Appeal upheld a High Court dismissal of a negligence suit by the sister of an alcoholic drink shop assistant who died in police custody in 2009.
A three-man Court of Appeal bench, chaired by judge Datuk Zaharah Ibrahim, ruled that the High Court had applied the correct principle of law in its ruling over appellant Ganga Gouri's suit over her brother R. Gunasegaran's death.
The panel, also comprised of judges Datuk Mah Weng Kwai and Datuk Varghese George Varughese, did not make any order to cost.
Counsel M. Visvanathan acted for appellant Ganga while senior federal counsel Azizan Md Arshad appeared for former Inspector-General of Police Tan Sri Musa Hassan and 11 other respondents.
Kuala Lumpur High Court judge Datuk Yeoh Wee Siam threw out the suit last December, ruling that the respondents were not liable on a balance of probabilities.
Factory operator Ganga, 37, filed the suit against Musa, ten police officers and the government on July 13, 2012.
She alleged that seven police officers' failure to abide by their legal responsibilities and practices led to her brother Gunasegaran's death at the Sentul police station on July 16, 2009.
She claimed investigating officer Assistant Superintendent Mohamad Idris failed to conduct thorough investigation into Gunasegaran's cause of death.
She claimed that Sentul police chief Assistant Commissioner Zakaria Pagan and Musa failed to ensure that Mohamad Idris and the seven policemen complied with police regulations and practices.