The Federal Court decision in A Kugan's case that no exemplary damages shall be awarded to family members of individuals who die in custody has been described as a "sad day for justice".

Lawyer M Visvanathan said yesterday's decision was shocking and does not bode well for a developing country like Malaysia.

“I guess more will die in custody now. The courts are the last bastion of hope for justice.

“It's rather sad that the court had decided to not award exemplary damages,” Visvanathan told Malaysiakini when contacted.

Kugan's lawyer Sivarasa Rasiah said the decision by the apex court would only encourage the powers that be, namely the police, to act without regard to the rights of detainees.

“(Looks like) it is better to see detainees dead, where their families won't get anything, rather than see them alive where they would be entitled to exemplary damages as a result of the abuses they had suffered,” Sivarasa said after the court's decision yesterday.

Agreeing with Sivarasa, Visvanathan (photo) said the court should take action against those who had acted beyond the law.

“Unfortunately, with the decision in Kugan's case, it would not send the right message to the police and the public. How can the family's estate receive compensation following the unwarranted death?” he said.

In a majority judgment yesterday, a five-member bench led by Chief Judge of Malaya Ahmad Ma'arop ruled in favour of the police, who appealed against the decision to award damages to Kugan’s mother N Indra.

According to a parliamentary reply, there were 15 cases of death in police custody last year. The Home Ministry stated that between 2000 and 2016, there were 284 custodial deaths.

This does not include deaths that occurred when the prisoners were in transit.

Visvanathan said he is handling five such cases in Kuala Lumpur, Johor and Penang.

“All will be affected by the Kugan's decision,” he said, including the case of P Chandran, a lorry driver who died while being detained at the Dang Wangi police station in 2012.

Visvanathan said the matter has been fixed for case management at the Federal Court next week.

“Certainly, I will ask for a re-visit of the Kugan decision following the police appeal in this case and other cases that are now on appeal,” he added.

In Chandran's case, the High Court awarded RM200,000 as exemplary damages to the family's estate and the decision was upheld by the Court of Appeal earlier this year.