The High Court in Shah Alam today awarded RM322,000 in general and exemplary damages to a former BSN Permodalan Berhad chief executive officer (CEO) over the negligence of the Malaysian Prisons Department which resulted in him serving a longer period in prison than he should have.

Judge Hadhariah Syed Ismail also ordered costs of RM15,000 and a five percent interest on damages to be paid to Ahmad Skhri Ramli.

In the suit filed last Feb 15, Ahmad Skhri named Prisons director-general Zulkifli Omar, Kajang Prison director Al Zafry Mohamed Nassif, Bentong Prison director Mohd Sakeri Dollah, Home Ministry secretary-general Mahmood Adam and the Malaysian government as defendants.

He had sought general and special damages, aggravated and exemplary damages, as well as for the return of the fine which he had paid to the Kuala Lumpur High Court.

Hadhariah, in her judgment, said she found the officers under the supervision of the defendants to be careless for ignoring Ahmad Skhri’s complaints in prison that the fine imposed on him had been paid.

Although no written complaint was received by the prison authorities, there is no regulation that says the complaint has to be made in writing, what more by a prisoner, she added.

She said the prison authorities should also ensure that prisoners serve the exact term and not more nor less.

In the statement of claim, Ahmad Shkri said that he was sent to Kajang Prison on Aug 4, 2009 to serve the jail sentence for failing to pay the fine imposed on him.

He said that on Dec 21, 2006, the Kuala Lumpur Sessions Court had found him guilty of two counts under Section 41 (2) of the Securities Industry Act 1983 and was fined RM150,000 on each count, in default six months jail.

Ahmad Skhri claimed he then paid the fine in three installments, totalling RM220,000 of the RM300,000, between Oct 24, 2007 and Feb 4, 2008.

However, on Aug 4, 2009, Ahmad Skhri lost his appeal against the Sessions Court decision and was sent to the Kajang Prison for failing to make full payment of the fine.

He was to serve the jail sentence for a year and the date of his release was set for Aug 3, 2010.

On Dec 4, 2009, Ahmad Skhri was transferred to the Bentong Prison and released on Feb 18, 2010 after the prison authorities realised that he had paid part of the fine through his lawyer.

Ahmad Shkri said that taking into account the fine he had paid, the number of days he should be in prison was only for two months and seven days, instead of six months and 15 days that he served prior to his release.

Ahmad Shkri was represented by lawyer Muhamad Rafique Rashid Ali, while the defendants were represented by senior federal counsel Hani Aziza Ismail.

- Bernama