PUTRAJAYA: A factory worker who chose to serve 14 days in jail to save the RM800 fine to repair his car ended up dying in prison seven years ago. Yesterday, his family was awarded about RM300,000 in damages by the Court of Appeal.

       A three-man Bench chaired by Justice Yaacob Md Sam granted RM290,800 in damages, as well as interest and costs, after partly allowing an appeal filed by Rahaya Salleh, 71, for compensation over the death of her son Kamarulnizam Ismail while in Tapah prison.

       Kamarulnizam, 39, was arrested in March 2014 and later charged at a Magistrate’s Court in Penang for possession of stolen items.

       He pleaded guilty to the charge under Section 29 of the Minor Offences Act 1955 and was given a fine of RM800 in default 14 days’ jail.

       Kamarulnizam chose to serve the jail term as he needed the money to repair his car although his elderly father showed up at the court to settle the fine.

       He died in the Tapah prison in Perak between March 7 and 8, 2014, of a lung infection.

       His mother then sued the respondents on March 3, 2017.

       In the unanimous decision, the appellate court awarded RM250,000 in general damages for negligence and RM40,800 in damages for dependency claim to the family.

       The court also ordered for the respondents – the police, prison officials and the government – to pay the amount inclusive of interest of 4% for general damages and 5% for the dependency claim as well as costs of RM5,000.

       Justice Ahmad Nasfy Yasin, who read the decision, said Kamarulnizam had gone through a long series of detention and interrogation processes that would certainly have led to the deterioration of his health.

       The judge said while in prison, the deceased complained of stomach pain and suffered from diarrhoea and was prescribed medicine.

       “He was found unconscious on March 8 2014. His lung infection could not have just developed overnight, he was deprived of medical attention.

       “For those reasons, we are of the view that the sum of RM250,000 is appropriate to be awarded as general damages for negligence,” Justice Ahmad Nasfy said in a Zoom proceeding yesterday.

       Justice M. Gunalan was the third member of the panel.

       In August 2019, the Ipoh High Court had allowed the suit and held that the defendants were liable for negligence and awarded the family RM100,000 for his unlawful detention, RM50,000 for misfeasance of public office, RM2,000 for funeral expenses and RM12,000 in legal costs.

       The court however denied the family’s dependency claim.