The family of N Dharmendran today filed a civil suit in the High Court in Kuala Lumpur against a number of police officers, including the inspector-general of police Khalid Abu Bakar, over his unlawful death in police custody three years ago.

Dharmendran's wife, Marry Mariay Susay, is the only plaintiff named, while there was a total of 11 defendants named.

"We have claimed in this suit general damages for Marry as a dependant of Dharmendran and also damages on behalf of Dharmendran's estate," said the family's counsel N Surendran when met by reporters after they filed the suit.

Dharmendran was detained on May 11, 2013 and died 10 days later while in police custody at the Kuala Lumpur Police Contingent Headquarters (IPKKL).

The Enforcement Agencies Integrity Commission (EAIC) released a report on April 28 on the outcome of the public hearing into the death of Dharmendran, who had been found with 52 injuries on his body.

The EAIC affirmed that his death was a result of the use of physical force by the police, and that the two staples were stapled onto his ears while he was still alive.

The commission also found that some of the entries of the lock-up diary, written by the two lock-up sentries, were false.

Marry, who is a housewife, told reporters today that she is happy because the EAIC has finally proven her husband’s cause of death.

“Finally, they (EAIC) has proven that my husband didn't die from a disease or anything like that.

“They've confirmed that he died from being beaten by the police,” she said.

She also said that their son, who is now five years old, does not really remember his father as he was only one-and-a half-year old when Dharmendran died.

“But now he's starting to ask, ‘where is dad, where is dad?’

“So I just say he's gone to work,” she said.

Sole breadwinner

There is also a separate ongoing murder trial for the custodial death of Dharmendran, with four police officers stand accused.

Surendran, who is also Padang Serai MP, said that Marry and her son have lost their sole breadwinner, as well as a husband and father.

“Marry has a growing child. They're entitled to a proper standard of living.

“(What about) the unquantifiable loss of a husband and a father which cannot be quantified in dollars and cents?” he said.

Among the claims they are seeking are assault and battery, negligence and breach of duty, false imprisonment, conspiracy among the defendants, vindicatory and aggravated damages.

They are also seeking damages against the fifth through the eighth defendants for misfeasance in public office as well as a declaration that the defendants deliberately, unlawfully and in bad faith, breached Dharmendran's fundamental rights to life and liberty.

The 11 defendants named are:

1. Inspector Hare Krishnan Subramaniam;

2. Corporal Mohd Haswadi Zamri Shaari;

3. Sergeant Jaffri Jaafar;

4. Corporal Mohd Nahar Abdul Rahman;

5. Assistant Commissioner of Police Yahya Abd Rahman;

6. Superintendent of Police Glenn Anthony Sinappah;

7. Senior Assistant Commissioner of Police Khairi Ahrasa;

8. Ku Chin Wah, who was the Criminal Investigation Department chief at that time;

9. Mohmad Salleh, who was the Kuala Lumpur chief police officer at that time;

10. IGP Khalid Abu Bakar; and

11. The Malaysian government