The court found insufficient evidence to establish negligence or misconduct by the defendants, leading to the dismissal of all claims related to the death of the deceased.

JUDGMENT

Azizul Azmi Adnan J:

Introduction

Background

[1] The plaintiffs in this case commenced this writ action in connection with the death of their son, Mohamad Anuris Ilham bin Anuar. Anuris was a police trainee at the Air Hitam Police Training Centre (Pulapol Air Hitam), located in Jempol, Negeri Sembilan.

[2] It was the plaintiffs' case that Anuris had suffered injuries while undergoing a self-defence class at Pulapol Air Hitam and that those injuries had led to his death. He was just 22 years old at the time.

The Causes Of Action Against The Defendants

[3] The pleaded causes of action against the defendants were battery, negligence, breach of statutory duty and misfeasance in public office.

[4] The first defendant, Sarjan Syafinaz binti Othman was the instructor for self-defence classes in Pulapol Air Hitam. It was the plaintiffs' case that Sarjan Syafinaz had caused the injury that had led to the death of Anuris. The plaintiffs also allege that the Sarjan Syafinaz had carried out the self-defence training in a negligent manner.

[5] The second defendant, Mohammad Faisol bin Yusoff, was the orderly for D Company at Pulapol Air Hitam. He was responsible for, among others, the health and welfare of trainees at the material time. The principal allegation against Mohammad Faisol was that he was negligent in failing to procure timely medical care for the deceased.

[6] The third defendant, Dr Aslina binti Abidin was a medical officer stationed at Jempol Hospital. She was the doctor who had performed a post-mortem examination on the deceased. The plaintiffs allege that the autopsy was negligently carried out by Dr Aslina. The statement of claim also alleged that she had breached her statutory duties.

[7] The fourth defendant, ACP Hj Samsor bin Maarof was the commandant of Pulapol Air Hitam. The plaintiffs allege that he was liable in negligence because he had breached the duty of care that was owed directly by him to the deceased. The statement of claim also expressly pleaded breach of statutory duties.

[8] The fifth defendant was the Inspector General of Police, while the sixth defendant was the government of Malaysia. The plaintiffs sought to make them vicariously liable for the actions of the first to fourth defendants.

[9] The plaintiffs further pleaded that all the defendants were liable for misfeasance in public office for the injury and death caused to the deceased, for denying him timely access to medical care and for covering up the circumstances of his death.

[10] The claim was expressed both as an estate claim (for the pain and suffering experienced by Anuris prior to his passing) and as a dependency claim under s 7 of the Civil Law Act 1956 .

The Decision Of The Court

[11] After a full trial of the action, the Court dismissed the entirety of the plaintiffs' claims. The reasons for this decision are set out here.

Material Facts

Acceptance Into The Police Force

[12] On 9 August 2016, Anuris received an offer for employment as a police constable. The offer was subject to the deceased having to undergo a medical examination at a government clinic or hospital. The deceased duly passed this medical examination at the Grik Hospital. According to the unchallenged testimony of Puan Che Suhaimah (PW1), who was the first plaintiff and mother to the deceased, Anuris was active in sports. Anuris thus gave the outward appearance of being a healthy young man. As we shall see, subsequent events should show otherwise.

[13] The terms of the offer of employment extended to the deceased required him to attend police training. For this purpose, he reported to Pulapol Air Hitam in September 2016.

At Pulapol Air Hitam

[14] Puan Che Suhaimah testified that she had regular telephone conversations with her son, where she would update him on happenings in the family, and he on his experience at training camp. According to PW1, there was nothing untoward until sometime in November, when the deceased reported of chest pain as result of being kicked and hit durin