KUALA LUMPUR – The widow of a lorry driver who died in police custody in 2021 has sued the police for negligence as well as emotional and mental distress over her husband’s death.
Humairah Abdullah, 28, who is left with three young children, has named police officer Aidil Adharuddin, the inspector-general of police, and four others as respondents responsible for the death of her husband Umar Faruq Abdullah, who was 36 when he died.
According to court documents, the civil suit was filed at Shah Alam High Court on May 31 by the widow’s lawyer M. Manoharan.
Humairah’s sister Jayanthi Kansan, 39, is also named as a plaintiff in the suit.
The four other respondents are the South Klang police chief, the Selangor police chief, Selangor police criminal investigation department chief and the Malaysian government.
In her statement of claim, Humairah said Aidil had acted negligently over Umar Faruq’s death after his arrest on June 2, 2021, upon allegations of stealing gas cylinders.
He was arrested at their home at about 4.30pm by five police officers who allegedly used excessive force to break down the door.
Police then obtained a remand order on Umar Faruq on June 3.
On the same day, Humairah said she received a phone call from Aidil who told her that Umar Faruq was unwell and had refused to eat since his arrest.
She then went to the South Klang police station at about 2.10pm on June 3 and waited for about one hour before learning that her husband had died.
She said while she was waiting, Aidil was told by another police officer that Umar Faruq had died, but the officer did not state how or why.
Humairah, in a statement of claim, said her late husband was well and fit, both physically and mentally on the day of his arrest.
She alleged that Aidil and other police officers had beaten up and injured her husband, and distorted the truth about his death by claiming that the deceased died after falling from the second floor in an attempt to escape custody.
“The first defendants and his officers who were responsible for the deceased’s safety had disobeyed the duty referred to them by beating, abusing and injuring the deceased, leading to his death.
“They had also failed to ensure that the deceased was not placed in a situation that brought danger to his life or body, or that he was not physically or mentally harmed while under custody.
“While the other defendants were vicariously liable for the acts, omission and defaults of the first defendant.
“The dependants of the deceased have suffered loss, misery and loss of love as well as prolonged grief due to the acts of the first defendants or his officers,” Humairah said in her statement of claim.
She added that she decided to file the suit as police had refused to provide information or material documents related to her husband’s death.
Humairah’s children are aged 4, 6 and 8.
She and her sister are seeking general, severe, exemplary and special damages of more than RM250,000, 5% interest per annum on these damages, and other costs and reliefs deemed appropriate by the court.
When contacted, Manoharan told Scoop no coroner’s inquest was made to investigate Umar Faruq’s death.
He also confirmed that case management for this suit has been fixed on June 26 at Shah Alam High Court. – June 20, 2024