Seven people who were injured during the Kampung Medan clash, about 10 years ago, lost in their appeal at the appellate court in Putrajaya today to overturn a High Court’s dismissal of their negligence and breach of statutory duties civil suit against the police and the government.

A three-person panel presided by Justices Low Hop Bing, Abu Samah Nordin and Linton Albert unanimously dismissed the appeal brought by R Suresh, A Anbalakan Aynan, A Velappan, B Janakan, P Tamil Selbam, V Subramaniam and V Muniandy.

The court also ordered them to pay RM10,000 in legal costs.

Low held that their appeal did not have any merit and the panel agreed with the findings of facts made by the High Court.

On May 12, 2009, the Kuala Lumpur High Court dismissed the suit filed by the seven after ruling that they failed to prove that the police did not fulfil their responsibilities under the Police Act 1967.

The seven who were residents in the affected areas where the clash broke out, brought the legal suit against former Petaling Jaya police chief Senior Assistant Commissioner Sheikh Mustafa Sheikh Ahmad, former Selangor police chief Nik Ismail Nik Yusof, the inspector-general of police and the Malaysian government.

They sought damages for gross negligence and breach of statutory duties under the Police Act.

In their statement of claim, they said all four defendants had failed to take immediate action to control the commotion, rioting and violence in the area which came under their jurisdiction, thus failing to ensure their safety.

As a result, they claimed that they were attacked by a group of about 20 to 30 people who rioted in that area with weapons such as parangs, knives, hockey sticks, pieces of wood and iron rods and they had sustained injuries and incurred medical expenses.

The seven claimed that the defendants failed to take appropriate action against the group which was violent against them, resulting in risk of serious injury.

They sought general damages, special damages, aggravated and exemplary damages.

The separate incidents took place between March 8 and 22, 2001 in Petaling Jaya South and Batu 12 Puchong.

In their statement of defence, the defendants said they had always carried out their official duties, in accordance with the law, in ensuring the safety and provide protection to all Malaysian citizens, including the appellants, without bias.

They denied that they had committed gross negligence and breached their statutory duties. Instead, they contended that they stook steps to maintain peace, security and protection to the people in the affected areas by placing police officers there and patrolling along the main road of the areas.

Lawyer M Manogaran represented the seven while senior federal counsel Siti Badariah Md Yusoff appeared for the police and the Malaysian government.

- Bernama