Leong Wai Hong JC:

INTRODUCTION

[1]This is a tragic case. The plaintiff is the mother of a son who had died while under remand in the Kuala Kubu Bharu Satellite Prison on 3 March 2021. On 18 July 2023 she filed a suit at the High Court against the investigating officer for negligence, breach of duty and omission of duty; his superiors and the Malaysian Government for vicarious liability.

[2]I fixed the trial for eight days commencing on 6 May 2024 to 9 May 2024 and from 25 November 2024 to 28 November 2024.

[3]However, on 3 May 2024 solicitors for the plaintiff filed a notice of application in encl 27 for leave to discontinue the plaintiff’s suit with liberty to file afresh under O 21 r 3 of the Rules of Court 2012

[4]The supporting affidavit dated 3 May 2024 was affirmed not by the plaintiff but by a solicitor from the firm of solicitors acting for the plaintiff. The reason given was that allegedly the plaintiff has failed to give documents to them to do the trial. I find this reason flimsy for reasons I will articulate below.

[5]As the application for leave to discontinue was only filed on 3 May 2024, just three days before the eight day trial commenced on 6 May 2024, I heard the appli