Senior federal counsel Azizan Md Arshad said this is because this was the first time a court had awarded such damages to the next of kin of someone who had died while under the custody of the authorities.
“We will study the broad grounds to see if we need to appeal against liability and the quantum awarded,” Azizan said.
The government has to first file a leave application before the merits of the appeal can be heard.
“We have 30 days to decide whether to go to the Federal Court,” he said.
Earlier today, a three-member bench consisting of judges Yaacob Md Sam, Ahmad Nasfy Yasin and M Gunalan, awarded a total of RM302,000 in damages and another RM35,000 in costs to housewife Rahaya Salleh, the mother of Kamarulnizam Ismail.
Apart from the RM250,000 for negligence, the bench awarded RM40,800 in dependency claim and RM10,000 in special damages
The RM2,000 in funeral expenses, as ordered by the Ipoh High Court, was also maintained.
The bench also awarded RM35,000 in costs for proceedings in the High Court and Court of Appeal.
Nasfy, who delivered the judgment, said Kamarulnizam had been kept in a police lock-up from Feb 14, 2014 until he died in the prison on March 4, 2014.
“He was repeatedly interrogated by police and the prison authorities also did not ensure his safety and health,” he said.
Nasfy said it did not make sense for Kamarulnizam to have succumbed to a chest infection within 24 hours.
Lawyer M Visvanathan, had submitted that the sum of damages awarded must be high enough to reflect the court’s “indignation, abhorrence and disgust” towards the negligent conduct that caused Kamarulnizam’s untimely and unwarranted death.
He also pointed out that a Federal Court had awarded RM200,000 in aggravated damages to the widow and daughter of lorry driver P Chandran who had died in a police lock-up after a five-day remand.
He said the police there had not afforded Chandran the necessary care and medical attention he required.
Rahaya had filed a suit against the government, the police and the prisons department in 2017 for assault and negligence after Kamarulnizam died at the Tapah prison.
He was sent to prison on March 3 that year to serve a two-week jail sentence, after pleading guilty to charges under the Penal Code and the Minor Offences Act.
His father, Ismail Ahmad, had gone to the Bukit Mertajam court to settle the fine but Kamarulnizam wanted to serve the jail term as he had intended to use the money to repair his car.
Rahaya said her son was arrested by police together with three others, and alleged that he was assaulted by three policemen during detention at the Seberang Perai Tengah district police headquarters in Bukit Mertajam.