GEORGE TOWN: The High Court here today ordered the government and police to pay a total of RM197,600, including cost, to the family of a gravedigger found dead in a police lock-up in 2019.
Judge Datuk P. Anand said the court found that the police had been negligent which failed to prevent 29-year-old Fadzrin Zaidi's death.
"Some of the defendants (policemen) also admitted during an inquest (into Fadzrin's death) that they had failed to follow all lock-up procedures which could have prevented his death.
"The police had breached the duty of care owed to Fadzrin by failing to carry out regular patrols which could have prevented his death. Such patrols were a requirement under the Lock-Up Rules 1953.
"As such, the court found the government vicariously liable for negligence," he said.
Anand ordered the government and police to pay RM57,600 in dependency costs, RM30,000 in bereavement costs, RM50,000 in aggravated damages, RM10,000 in special damages and RM50,000 costs.
On July 29, 2022, the coroner ruled that Fadzrin's death in a police lock-up in 2019 was due to suicide.
Fadzrin, from Kampung Perlis in Butterworth, was first arrested by police for alleged drug possession with friends at an undisclosed location on Nov 20, 2019.
Police obtained a remand order the next day and he was placed at the centralised lock-up at the Seberang Prai Utara district police headquarters.
He was declared dead on Nov 22 by police, who claimed he committed suicide.
Meanwhile, Fadzrin's mother, Fadhelah Othman, 56, said she was happy and grateful with the court's verdict.
"I have been fighting for my son since 2019 and it has finally paid off.
"This is the best belated birthday present," said Fadhelah, who rode a motorcycle or took a Grab to court each time.
Senior Federal Counsel Nur Ezdiani Roleb and Federal Counsel Syafiq Affandy Hasan appeared for the police and government, while lawyers M. Visvanathan, V. Sanjay Nathan and V. Pushan Qin Nathan appeared for Fadzrin's family.