The family of R Sundara Raju who died in police custody in 2002 has threatened a senior police officer with bankruptcy, after the government failed to abide by a court order to pay damages for negligence.

NONE The Kuala Lumpur High Court had in 2010 found the police liable for negligence in Sundara Raju's (right) death at the Klang police station, having failed to prevent him from being assaulted by nine other inmates.

This had sent him into a coma due to severe head and bodily injuries. He died three days after he was hospitalised at Tengku Ampuan Rahimah Hospital.

Subsequently, the inmates were charged with manslaughter at the Shah Alam High Court and sentenced to between four to seven years in prison.

"The nine men charged ... have finished serving their sentences and are now free men. They government was found liable for having caused the (detainee’s) death but is refusing to pay," said lawyer M Manoharan, who has acted for the family since the case began.

Manoharan said the four respondents named in the lawsuit were then Klang OCPD A Paramasivam, the office of the Selangor police chief and inspector-general of police, and the government.

However, he noted that the latter trio are government bodies and enjoyed bankruptcy protection.

hindraf btn 151209 manoharan Manoharan (right) said Sundara Raju's family will therefore commence bankruptcy action against Paramasivam who High Court Judge Harmindar Singh Dhaliwal, in a written judgment, had said was "equally if not more responsible as he was Klang OCPD".

The total sum awarded in damages by the High Court - and costs including interest - have increased from RM237,000 to RM311,706.85.

A notice of payment was sent to Paramasivam on Aug 7 and the bankruptcy action will commence if he fails to respond within 14 days, Manoharan said.

Paramasivam has since been promoted to senior assistant commissioner and now serves a Bukit Aman assistant director (training and examination).

When contacted, Paramasivam declined immediate comment.

"I'm in Sabah right now, I can't comment, I will need to go back and check," he said.

‘Taxpayers’ money involved’

A notice of payment was sent to the government on July 2 but there has been no response. Still, the family remains hopeful that the court order will be obeyed, said Manoharan.

"The amount ... that the government has to pay will definitely come from taxpayers’ money and the longer the wait, the more the interest it will incur. They are burdening taxpayers,” he noted.

"The attorney-general, who is also the legal advisor to the government, should advise that the government immediately sends the cheque.”

NONE Manoharan said the government had appealed the High Court ruling, but lost on June 26 this year.

"The time for them to appeal to the Federal Court lapsed on July 26. There is nothing left, they have to pay," he said.

Sundara Raju, 32, a lorry attendant had been arrested on Nov 11, 2002 and remanded at the Klang district police lock-up, after his wife M Latha complained of domestic violence. However, she also wanted him to return to her and stop his drinking habit.

Following his death, she filed a suit against the police and government for negligence but died of cancer in 2009 before the case concluded.

Sundara Raju's mother, RU Muthammal, now 81, and brother R Dharmarajan then took over as plaintiffs.

"When Sundara Raju died, his son was only six months old. And when the mother died, he was only 9 years old. He is now 11. They need the money," Manoharan explained, saying the boy is now being raised by Dharmarajan and his wife.

The large quantum of damages was based on the fact that Sundara Raju had been footing repayments on a mortgage taken out on the family house.

His death had received much media attention in 2002 and was also subject of an inquiry by the Human Rights Commission of Malaysia.

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