Court of Appeal Rules Senior Customs Officers Death Due to Negligence on the part of MACC

Ahmad Sarbaini's death due to negligence of MACC, Court of Appeal rules

KUALA LUMPUR: The wife of senior customs officer Ahmad Sarbaini Mohamad , who died under custody at the Malaysian Anti-Corruption Commission (MACC) headquarters, cried tears of relief after the Court of Appeal ruled that her husband's death in 2011 was a result of negligence on the part of the anti-graft agency.

The MACC was ordered by a panel of three judges to pay RM213,000 in damages to Ahmad Sarbaini's widow Maznah Manap and her family after hearing their appeal on Monday noon.

The panel, consisting of Datuk Mohd Zawawi Salleh, Ong Lam Kiat Vernon and Datuk Abdul Rahman Sebli, ruled that the MACC had failed to follow its internal protocol of monitoring suspects under custody.

According to the panel, there was negligence when the MACC officer tasked to look after Ahmad Sarbaini left him alone in a waiting room on the third floor of the building, where he was said to have fallen to his death.

Sarbaini, in a case similar to Teoh Beng Hock which occurred in the same building just 20-months prior, was found dead at the badminton court on the first floor of the MACC's office in Jalan Cochrane on April 6, 2011.

He was at the office voluntarily to retract a statement previously made where he had allegedly admitted to bribery.

"We are of the view that there is an element of negligence by the respondent. Though there were instructions that a person who is a suspect under investigation should be brought to the first floor, he was brought to the third floor. That instruction was given after (the case of) Beng Hock.

"Secondly, there were clear instructions that the deceased should be controlled at all times. The instructions were given because there was a possibility that something unfortunate could happen to the deceased, and that is why the deceased should have been controlled," Mohd Zawawi said in the panel's judgment.

Ahmad Sarbaini’s family was represented by lawyer Razlan Hadri Zulkifli, while the MACC was represented by Kamal Azira Hassan.

Razlan Hadri welcomed the court's decision, saying that the ruling had given the family closure after years of fighting in court.

Kamal Azira said his side would await a directive by the Attorney-General whether there was a need to appeal the court's decision.

Ahmad Sarbaini, a 56-year-old Port Klang Customs officer, was reported to have gone to the commission's office to meet the investigation officer assigned to corruption cases involving 62 customs officers.

The Coroner's Court, on Sept 26, 2011, delivered a verdict of misadventure and ruled that there were no elements of suicide, homicide or third party involvement in his death.

His family sued the MACC and the Government for RM8mil but had their case dismissed by the KL High Court in August 2015.