The father of a former welder was awarded RM383,300 in damages, after court found that his death was caused by police negligence under their custody five years ago.

Court rules cops caused death of ex-welder, awards dad RM383,300
V Anbalagan
-December 19, 2019 3:01 PM

Lawyer M Visvanathan with Syed Mohd Azlan Syed Mohamed Nur’s father, Syed Mohamed Nur Ali (2nd from left), and other family members.

PETALING JAYA: The father of a former welder was awarded RM383,300 in damages today after the High Court in Johor Bahru found that his death was caused by police negligence under their custody five years ago.

Judge See Mee Chun found the police liable for causing injuries to Syed Mohd Azlan Syed Mohamed Nur that ultimately led to his death.

See also said Syed Mohd Azlan must have been in severe pain before he succumbed to his injuries.

“The damages awarded must send a strong message to the police force that they must act in accordance with the Federal Constitution and the relevant laws,” she said.





The judge said the court had to come down hard on the enforcement agency as the life of a person had been unlawfully taken away.

See awarded RM150,000 for the tort of misfeasance in public office, RM150,000 in exemplary damages, and RM20,800 for bereavement, funeral and miscellaneous expenses.

Syed Mohd Azlan’s father, Syed Mohamed Nur Ali, was also awarded RM62,500 in dependency claims and another RM60,000 in costs.

The Enforcement Agency Integrity Commission (EAIC), in its investigation, found that Syed Mohd Azlan, 25, was “murdered” by police personnel who beat him up in the police station lock-up in Sungai Rengit, Johor, on Nov 3, 2014.

Syed Mohd Azlan suffered 61 injuries to his face, body and legs, some of which were consistent with “defensive wounds while protecting himself from physical attack by police personnel”, the EAIC found.

The EAIC also found evidence that police personnel had cleaned the scene of the beatings before medical officers arrived to check on Syed Mohd Azlan.




The police also disposed of the rubber mat and carpet believed to have been stained with Syed Mohd Azlan’s blood.

The EAIC also said the police “hid away eye-witnesses” from the scene, and that criminal charges should be filed against them for violating provisions in the Criminal Procedure Code.

Following the findings, lawyer M Visvanathan, who appeared for Syed Mohamed Nur, said the negligence suit was filed in 2017 against 16 policemen and the government.

Syed Mohd Azlan was arrested by a team of police officers on Nov 3, 2014 at 3.30am as part of an investigation into alleged possession of weapons or missiles in a riot, based on a police report made against him.

EDICT, an NGO fighting against deaths and abuse in custody, said the damages awarded would be a great relief to Syed Mohd Azlan’s family but could not compensate for his “dreadful death”.

In a statement, it said the case showed the extent to which abuse of police power and concealment and condonation of abuse was entrenched in the police force.

“It is shocking that to date, the police have announced no disciplinary action against any of the numerous policemen involved,” it said.

It added that today’s decision was a report card on the police, the Attorney-General’s Chambers, the Police Force Commission and the government.