The High Court in Penang today awarded the family of death in police custody victim Cheah Chin Lee RM184,000 in a negligence suit filed against the government.

The defendants in the case were the federal government, then inspector-general of police Ismail Omar, then Rela director-general Mustafa Ibrahim, 14 Rela members and the policemen who were on duty when Chin Lee was in custody at the Tanjung Tokong police station lock-up.

Cheah’s mother Lim Gaik Suan, 71, and sister Cheah Saw Imm, 51, were awarded the amount, with a five percent interest from the date of filing the suit on Aug 18, 2015.

In his judgment, judicial commissioner Abdul Wahab Mohamed said the defendants were liable for Chin Lee’s death in the lock-up.

“The police should ensure the safety of detainees during custody from the time of arrest,” he added.

Lim and Saw Imm were awarded RM114,000 in dependency claim, RM20,000 in exemplary damages, RM15,000 as funeral expenses and RM35,000 as court proceeding fee.

Cheah’s family was represented by Kuala Lumpur-based human rights lawyer M Visvanathan and Chan Yen Hui, while senior federal counsel Rahazlan Affandi Abdul Rahim acted for the defendants.

Speaking to Malaysiakini, Visvanathan thanked the judicial commissioner for his reasonable verdict.

However, he conceded that no amount of money can bring Chin Lee back to life for his family.

“It is not the money or the monetary claims but at least, justice is served for his family members,” Visvanathan said. 

Visvanathan asked if the inspector-general of police Mohamad Fuzi Harun would now act on the policemen involved in the case as the High Court has decided that they too were liable for Chin Lee’s death.

“Ultimately, it is not the federal government or police who pay the money, but you and I, the taxpayers.

“The IGP must now take action against his policemen who have been pronounced liable for the victim’s death,” he added.

Visvanathan urged attorney-general Mohamad Apandi Ali not to appeal the case as proceedings have gone on for five years and the family needs to find closure.

Chin Lee, then a furniture shop assistant, was found dead between 5.07am and 5.30am on Aug 13, 2012, in the Tanjung Tokong police station lock-up.

On May 22, 2015, magistrate L. Umma Devi, who presided as a coroner in an inquest, had found that Chin Lee committed suicide while in police custody in 2012.

Chin Lee's death came a few hours after he was detained for alleged motorcycle theft in the area on the same day.