KUALA LUMPUR – The Shah Alam High Court has awarded RM1.1 million in damages to the family of a businessman who died in police custody in 2018. The ruling follows a long legal battle over negligence and misfeasance.
Judge Noor Hayati Mat awarded V. Santhi, the widow of S. Thanabalan, and her father, P. Vathian, RM500,000 in general damages for negligence, RM200,000 in aggravated damages for pain and suffering, RM30,000 for bereavement, RM414,000 for dependency, and RM10,000 for funeral expenses, Bernama reported.
The court also ordered the government to pay interest at five per cent per annum from April 17, 2018, the day Thanabalan was found dead, until the judgment sum is fully settled.
In addition, Justice Noor Hayati awarded the plaintiffs RM7,000 in costs. The decision was delivered via Zoom.
Counsel M. Visvanathan, representing the family, confirmed the judgment when contacted.
On March 12, 2024, the Federal Court rejected the police and government’s application for leave to appeal against the Court of Appeal’s ruling, which found them negligent in Thanabalan’s death.
On October 30, 2023, the Court of Appeal had ruled in favour of Thanabalan’s widow and father-in-law, finding that the Inspector-General of Police (IGP) and the government were at fault for failing to promptly send him to the hospital. The case was remitted to the Shah Alam High Court for a damages assessment.
Thanabalan was arrested on March 29, 2018, under the Security Offences (Special Measures) Act 2012 (SOSMA) for alleged links to an organised crime syndicate. He collapsed in the lockup at the Shah Alam police headquarters on April 17, 2018, and was pronounced dead upon arrival at the hospital.
Santhi and Vathian filed the suit in 2021 against 11 police officers, the IGP, and the government, alleging negligence and misfeasance in public office. Santhi filed the suit on behalf of her children and her late husband’s estate, while Vathian is a co-administrator of the estate.
Initially, the Shah Alam High Court dismissed the suit in April 2022, but the Court of Appeal overturned this decision and found the police and the government negligent. The police and the government then sought leave to appeal to the Federal Court. – December 8, 2025