The family of a former security guard who died by suicide while in the custody of the Malaysian Maritime Enforcement Agency (MMEA) has been awarded approximately RM194,000 in damages following a successful negligence claim.
Justice Alice Loke, in a 25-page judgment released on Monday, held that the defendants —the Selangor maritime director, an MMEA investigating officer, and the government had failed to exercise reasonable care in preventing the death of 31-year-old M Thinagaran.
“There is a clear breach of duty when the deceased was with an extra pair of pants in the presence of a grill in the lock up and where the risk of suicide is not unforeseeable with detainees,” she said.
Loke said there had been inadequate monitoring which, if carried out, could have prevented the fatal incident.
“the defendants were under a duty of care to ensure the deceased came to no harm whilst in their custody,” she said, concluding that the negligence flowed directly from their breach and did not constitute an independent intervening act.
The deceased’s widow, R Tenaswari, and father, K Madhavan—joint administrators of Thinagaran’s estate—had sued the defendants on grounds of negligence, breach of statutory duty and misfeasance in public office.
Loke, however, only allowed the negligence claim, finding insufficient evidence to support the remaining allegations.
The judge awarded damages of RM172,800 for loss of earnings, RM6,370 as special damages, RM5,000 for funeral expenses, and RM10,000 for bereavement. The government was also ordered to pay the plaintiffs RM30,000 in costs.
The facts of the case revealed that on Jan 9, 2019, MMEA officers, acting on intelligence, intercepted a suspicious vessel off the Selangor coast.
They found Thinagaran and another individual, R Inthiran, on board. A search also uncovered packages later confirmed to contain drugs.
Both men were remanded for investigation and detained at the maritime enforcement office in Klang.
Thinagaran had been sent to the Tengku Ampuan Rahimah Hospital earlier that day for treatment. He was diagnosed with a stress-related headache and prescribed medication.
He was found dead four days later—hanging from the ceiling of his cell using a pair of pants provided to him while in custody. Closed-circuit footage captured key moments leading up to his death. A post-mortem confirmed the cause of death as hanging.
Counsel Manoharan Malayalam, P Subramaniam and Sarathbala Balakrishnan appeared for the plaintiffs. Senior federal counsel Siti Syakimah Ibrahim and federal counsel Nuurzul Izzati Zulkipli represented the government.
Manoharan confirmed that the government has filed an appeal against both liability and quantum. Meanwhile, the plaintiffs are pursuing a cross-appeal for higher compensation, he said.
