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Court upholds award to couple 4 Jan 2013 12:00 am

©The New Straits Times (Used by permission)
By V. ANBALAGAN


AGGRAVATED DAMAGES : Parents of youth who died in prison to get RM590,000

PUTRAJAYA: THE Court of Appeal yesterday upheld the RM500,000 aggravated damages awarded  to the parents of an 18–year–old youth, who died in prison in 2004.

A three–man bench, led by Datuk Abu Samah Nordin, said the High Court had made a correct finding in the assessment of damages.

In September 2011, High Court judge Datuk Mariana Yahya in Kuantan found the government liable and ordered damages amounting to RM590,900.

She awarded RM500,000 in aggravated damages and RM90,900 for loss of support.

The government, represented by Federal Counsel Kamal Azirah Hassan, only appealed against the quantum of aggravated damages.

The victim's parents, Mohamed Yusof Mat Diah and Rohani Mohamed, filed the suit following the death of their son, Mohd Shukri.

In the 4.10pm incident on March 1, 2004, Shukri, who was a remand prisoner, had attempted to escape but was caught and assaulted by prison wardens before he passed out in the prison's safety unit room.

Shukri was taken to Tengku Ampuan Afzan Hospital, but he died on March 10.

A post–mortem revealed he suffered several injuries, including a fractured skull and bleeding in his brain.

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