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2014 MarsdenLR 427

HIGH COURT MALAYA IPOH
VASANTHI MARUTHAMUTHU & ORS – Appellant
Versus
SUPERINTENDAN AZMAN SALIM KETUA POLIS DAERAH SUNGAI SIPUT & ORS – Respondent


Table of Content
1. death in custody due to medical neglect. (Para 1 , 1 , 2 , 3)
2. plaintiffs' relations and claims. (Para 4 , 5 , 6 , 7 , 8)
3. disputed accounts of medical care. (Para 9 , 10 , 11 , 12)
4. questionable credibility of police responses. (Para 13 , 14 , 15 , 16)
5. expert medical testimony on negligence. (Para 17 , 18 , 19)
6. necessity of prompt medical treatment. (Para 20 , 21)
7. controversy over defendant's medical opinion. (Para 22 , 23 , 24 , 25 , 26)
8. police's operational responsibilities and decision-making. (Para 27 , 28 , 29)
9. accountability of police in detainee welfare. (Para 30 , 31 , 32)
10. duty of care concept in negligence. (Para 33 , 34 , 35 , 36)
11. proximity in police-detainee relationship. (Para 37 , 38 , 39)
12. constitutional protections in custody. (Para 40)

[1] This is yet another case of death in police custody. One Isparan Subramaniam was arrested for being a suspected drug user and was detained in the police lock-up in Sungai Siput Police Station on 27 May 2012 at about 4pm. The next day he was taken to the Magistrate Court for an extension of his detention for 3 days for investigation for an offence under s 12(2) of the Dangerous Drugs Act 195

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