A Federal Court five-judge panel denied the application by the widow of a wholesaler who died in police custody in 1999, for leave to appeal a Court of Appeal decision, which set aside a RM1.6 million award in damages to her.    

The panel, led by Chief Judge of Malaya, Zulkefli Ahmad Makinudin, unanimously rejected Suzana Md Aris’ application and were of the opinion that the case had no merit and failed to comply with the provisions of Section 96 of the Federal Court Act which governs appeals.

The other members of the panel comprised Hashim Yusoff, Suriyadi Halim Omar, Ahmad Maarop and Sulong Matjeraie.  

In 2000, Suzana filed a suit against DSP Ishak Hussin, Gombak Criminal Investigation Division chief at the time, district police chief, ACP Massari Hashim, the then-inspector-general of police (IGP) Norian Mai and the government of Malaysia.  

The victim had died of pneumonia in the lock-up on Aug 19 1999.   

On Oct 20 2009, the High Court decided that the police had been negligent in taking reasonable steps while Mohd Anuar Sarip, 31, was remanded in the Rawang police station lock-up for suspected drug abuse.  

Suzana, 45, was awarded almost RM1.6 million in damages after the High Court allowed her counter appeal against the initial assessment of RM137,220 on June 30, 2010.  

However, on Oct 7 last year, the Court of Appeal had allowed the IGP and government of Malaysia’s appeal by setting aside the High Court’s award of damages to Suzana.

Suzana was represented by lawyer P Uthayakumar.

- Bernama