The Kuala Lumpur High Court has struck out a suit from a group of 184 Nipah virus victims against the federal and state governments on the ground that the plaintiffs have not identified the government officers who caused their damages.

Judge Azmel Maamor said the court could not determine whether the federal government and the Negeri Sembilan, Perak and Selangor state governments were responsible for the damages, including culling their pigs, as their officers were not identified and were not called to defend themselves in court.

"The vicarious liability should not be imposed against the defendants named in this case. They are statutory bodies, they could not conduct the tort by themselves," Azmel said.

"The tort could only be done through the government officers who carry out their task, and if that is the case, the related government should bear the vicarious liability," he added.

He said if the officers were found guilty after being tried, then their respective employer - either the federal or state government - would therefore be required to assume responsibility.

"It is unfair and unreasonable to ascertain a government officer is guilty without giving him an opportunity to defend the allegations brought against him," Azmel added.

Expected to appeal

He pointed out that the procedure to name the individual officers was necessary as stipulated in the Government Proceedings Act 1956 and noted that his decision was made on the precedents laid down in several previous cases.

Azmel has made the ruling to dismiss the suit on Feb 5 this year but reserved his judgement. His judgement was made available recently.

A copy of the judgement was obtained by malaysiakini and the group is expected to appeal to the Court of Appeal.

In 2002, a group of 184 individuals affected by the Nipah outbreak had filed a legal suit totalling more than RM130 million against the federal government and three state governments.

The plaintiffs included pig farmers, families of deceased Nipah victims and survivors named the four defendants in their statement of claim.

Declarations and claims

They were seeking various damages, included special damages for the loss of pigs, damage to farm facilities, medical and funeral expenses, which amounted to more than RM130 million.

The plaintiffs were also seeking various declarations against the defendants including the claims that the governments had breached their duties, committed negligence and fraud and unlawfully deprived the plaintiffs of their fundamental rights in handling the outbreak.

The Nipah outbreak which started in late Septembr 1998 till May 1999 occurred in various areas in Perak to Negeri Sembilan.

The outbreak was reported to have killed more than 100 people and crippled the pig-farming industry in Bukit Pelanduk, Negeri Sembilan, which is believed to be the biggest in Southeast Asia.