KUALA LUMPUR (May 30): The High Court has awarded the family of death-in-police-custody victim S Balamurugan a sum of RM316,000 in damages, following the court finding that the 44-year-old’s death was due to blunt force trauma, as evidenced by 20 marks of injuries, and a pathologist determining that the cause of death was due to a heart attack brought on by the injuries.
The sum was awarded by High Court Judge Su Tiang Joo, who decided on the quantum following the assessment of damages.
He awarded general damages of RM100,000, aggravated damages of another RM200,000, and special damages of RM16,000.
The judge also awarded costs of RM22,000 to be paid by the police and government.
Balamurugan’s brother, Balraj, and another, named the Inspector General of Police, four police officers attached to the North Klang district police headquarters, and the government, as defendants in the suit.
On Aug 30, 2022, High Court Judge Datuk Ahmad Bache ruled that the government and police were liable for Balamurugan’s death in 2017 as they were found to be negligent, that he had been subjected to unlawful imprisonment, that there had been breach of statutory duty, and that there had been assault and battery against him that caused his death.
Following the finding, the court ordered damages to be assessed, and this was done on Thursday.
Prior to the High Court decision in 2022, the Enforcement Agencies Integrity Commission also had an inquiry, where several inmates who were with Balamurugan testified that he was beaten by a police officer.
As a result, Balraj filed the suit decided by Ahmad.
Balraj was represented by Zaid Malek and Nabila Khairuddin, while senior federal counsel Nur Ezdiani Roleb and federal counsel Afiz Nazrin Zaharinan appeared for the defendants.
Balamurugan was arrested as a suspect involved in theft of a vehicle.