The police and government today failed to set aside a Kuala Lumpur High Court RM300,000 judgment award for damages, that found them responsible for the assault and battery on lorry driver B Prabhakar six years ago using hot water.

This follows the Court of Appeal in Putrajaya had upheld the KL High Court’s decision last year on the quantum awarded for the injury suffered by Prabhakar following the assault while detained at Brickfields police station.

However, the appellate court found three police officers in the appeal, namely former Brickfields OCPD Wan Abdul Bari Wan Abdul Khalid along with Sergeant Zulkiply Taib and Corporal Zamrin Zaid, as not liable for the incident.

The appellate court also found that Wan Abdul Bari was also not liable for claims of misfeasance in public office.

The three-member bench led by Justice Zaharah Ibrahim read out the court’s decision in allowing the appeal by Wan Abdul Bari, Zulkiply and Zamrin but upheld the quantum to be paid to Prabhakar.

The other judges were Judges Abdul Rahim Abdul Aziz and Mohd Zawawi Salleh.

It was reported that Prabhakar and another person were picked up by police in Sri Hartamas, Kuala Lumpur on Dec 23, 2008 and held at the Brickfields police station for five days to assist in investigations into extortion cases. There he was abused by hot water being poured on his body, before he was released.

Last July 5, KL High Court judge Justice John Louis O’Hara awarded more than RM300,000, namely RM150,000 in punitive damages, RM100,000 for aggravated damages and RM50,000 for general damages following the injuriesPrabhakar suffered due to being beaten and splashed with hot water by the policemen.

Special damages also awarded

Justice O’Hara also ordered special damages of RM1,500 for loss of income, RM150 for medical bills and RM75 for photographs of the plaintiff’s injuries and another RM50,000 as costs.

Prabhakar, 33, in his statement of claim filed on Sept 21, 2011 named Sergeant Mohd Shafiee Abdul Halim, Sergeant Mohd Diah Sulaiman, Sergeant Zulkiply, Corporal Abdullah Musa, Corporal Zamrin, Lance Corporal Matila @ Saudi Ismail, Lance Corporal Nizam Abd Wahab, and Wan Abdul Bari, the police and the government as defendants.

He claimed that he was arrested by police at a car park in Sri Hartamas at 9.30pm on Dec 23, 2008 and was interrogated by seven policemen at Brickfields district police station from 10pm that day until the next day and was further remanded for another five days.

The plaintiff said the policemen had beaten him with a rubber hose, splashed hot water onto his body and kicked and stepped on him.

Prabakar also claimed he was hung from a ceiling fan with a rope.

In 2011, KL Sessions Court judge Abu Bakar Katar sentenced Mohd Shafiee and Mohd Diah to four years’ jail after convicting them of causing grievous hurt to Prabhakar.

In today’s matter Prabhakar was represented by Ravi Nekko, while the three policemen were represented by Hazman Ahmad. Senior federal counsel Azizan Md Arshad represented the police and government.