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CASE(S) OF THE WEEK

DATUK SERI KHALID ABU BAKAR & ORS v. N INDRA P NALLATHAMBY & ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
MOHAMAD ARIFF MD YUSOF JCA, MAH WENG KWAI JCA, DAVID WONG DAK WAH JCA
[CIVIL APPEALS NO: W-01(NCVC)(W)-263-07-2013 & W-01(NCVC)(W)-278-07-2013]
8 AUGUST 2014

POLICE: Duties of police - Breach of statutory duty - Remand prisoner beaten to death by police officers - Failure to notify whereabouts of deceased to family - Whether deceased denied constitutional right of access to legal representation - Whether inquest held to investigate deceased's death - Whether police breached duty of care to deceased

TORT: Damages - Exemplary damages - Breach of constitutional right by public authority - Remand prisoner beaten to death by police officers - Whether exemplary damages may be awarded - Civil Law Act 1956, s. 8(2) - Whether applicable

TORT: Duty of care - Duty owed by police officers to remand prisoners - Remand prisoner beaten to death by police officers - Whether deceased allowed access to legal representation - Whether inquest held to investigate deceased's death - Whether police breached duty of care to deceased - Federal Constitution, art. 5(1) & (2) - Criminal Procedure Code, s. 334

TORT: False imprisonment - Arrest - Deceased remanded by Magistrate's order - Whether lawful remand - Deceased abused while in remand - Whether gave rise to cause of action for tort of false imprisonment

TORT: Public misfeasance - Elements to be proven - Public officers exercising powers wrongly resulting in injury - Remand prisoner beaten to death by police officers - Whether estate of deceased could claim damages for tort of misfeasance

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