The High Court today ordered the government and police to pay more than RM350,000 to a lorry driver who was hurt during interrogation by the police, about five years ago.

In allowing B Prabakar’s suit, High Court judge John Louis O’Hara held that the plaintiff had established his case against the government and eight policemen.

In his ruling, O’Hara said seven of the policemen were liable to the suffering and pain of the plaintiff; the other, ACP Wan Abdul Bari Wan Abdul Khalid, who was Brickfields police chief at that time, was responsible for misfeasance of public office, while the government was liable for vicarious liability.

“I find from the evidence, liability was proved on seven defendants, and the  grievous nature and the pain and suffering he (plaintiff) had endured during the interrogation...,” he said, adding that therefore, the defendants had to pay damages to the plaintiff.

O’Hara awarded Prabakar, 32, RM150,000 for exemplary and punitive damages, RM100,000 for aggravated damages and RM50,000 for general damages.

He also ordered the defendants to pay RM50,000 in costs, RM1,500 for loss of income, RM150 for medical bill and RM75 for photographs of plaintiff’s injuries.

On Sept 21, 2011, Prabakar filed the suit against three sergeants, Mohd Shafiee Abdul Halim, Mohd Diah Sulaiman, Zulkiplly Taib, two corporals Abdullah Musa and Zamrin Zaid, three lance corporals Matila @ Saudi Ismail, Nizam Abd Wahab and Wan Abdul Bari and the government, claiming he was beaten up and splashed with hot water by seven policemen after he was arrested.

In his statement of claim, he said he was arrested by the police at a car park in Sri Hartamas at 9.30pm on Dec 23, 2008, and was interrogated by seven policemen at the Brickfields police headquarters from 10pm that day, until the next morning.

On Oct 4, 2011, Mohd Shafiee and Mohd Diah were sentenced to four years’ jail each by the Sessions Court here for voluntarily causing hurt to two detainees while five others were acquitted.

- Bernama