JUDGMENT

Moses Susayan J:

Introduction

[1] This case concerns the tragic death of Siva a/l Raja Raman, who was taken into custody healthy, in condition where he is mobile and without any visible deformity. After pleading guilty to a charge of motor vehicle theft, he was sentenced to imprisonment. When his family came to receive him on the day he was due for release a year later, they were instead summoned outside the prison to collect his body. What they received was a shell of the man they once knew, ravaged by neglect. All the toes on his left foot had been amputated. The marks and condition of his body bore the signs of untreated infection, deprivation of basic medical care, and prolonged suffering, stripping him of human dignity. The plaintiff, his mother, and estate administrator, now seeks redress against the defendants for negligence, misfeasance in public office, and violation of his constitutional right to life.

Background Facts

[2] The deceased, Siva a/l Raja Raman, was initially detained by police and later sentenced on 24 March 2016 to 18 months' imprisonment under s 379A of the Penal Code for motor vehicle theft. He was physically fit at the time of sentencing and was sent to serve his sentence at Tapah Prison. Throughout his incarceration, his family was not contacted, and no visits occurred. On 20 March 2017, the day of his scheduled release, a family member who had arrived to receive him was instead confronted with the devastating news of his death and was told to collect his body.

The Parties

[3] The plaintiff, Muniamah a/p Raman, sues as administrator of the estate of her late son, Siva a/l Raja Raman, alleging his death in Tapah Prison was caused by neglect and breach of duty by prison and police officers. The 1st to 9th defendants are prison officers, including Mohd Sabri bin Ladisma, Badmi Nizam bin Zainudin, and others, who are alleged to have failed to provide timely medical care or had escalated his deteriorating condition. The 6th Defendant, Mohd Mazairi bin Majid, and the 10th Defendant, Nurul Farahdiana binti Md Saad, had medical duties but failed to act despite visible signs of infection. The 11th Defendant, TKP Shukri bin Saad, was the Deputy Commissioner of Prisons, sued for supervisory failure. The 12th Defendant, Tan Sri Khalid Abu Bakar, as Inspector-General of Police, allegedly failed to supervise his officers and to ensure the deceased's rights in custody. The 13th Defendant, the Government of Malaysia, is sued vicariously for the acts and omissions of its officers, namely the 1st to the 11th defendants.

The Complaint

[4] The Plaintiff brings this action alleging that her son was healthy at the time of arrest in March 2016. He died tragically while in State custody due to gross neglect. She was never informed of his imprisonment at Tapah Prison or his deteriorating health. The post-mortem revealed that the deceased had suffered severe bacterial infection from within the prison hospital, which caused muscle decay and resulted in multiple amputations, all of which were without the knowledge or notice of the family. The plaintiff contends that the death would have been preventable had proper medical attention been administered in time.

[5] At the heart of the plaintiff's case is that the authorities failed to provide timely medical care, withheld critical evidence, particularly CCTV footage, and breached statutory duties under the Prisons Regulations 2000 and the Police Act 1967. The plaintiff asserts that these omissions amount to systemic negligence and misfeasance. While the defendants deny liability and claim that appropriate care was given throughout, the plaintiff maintains that their silence, inaction, and procedural failures speak of a deeper institutional disregard for the deceased's constitutional and human rights.

Witnesses Called In The Proceeding

[6] The following witnesses were called during the proceedings:

a) Plaintiff's Witnesses:

I. SP-1: Muniamah a/p Raman (Mother of the deceased and admini