Missing signature kept deceased navy officer from medical attention, court hears

Cadets at Lumut camp weren’t allowed to leave without officer-in-charge’s signature, defendant testifies in negligence suit over J. Soosaimanicckam’s death

7:19 PM MYT

 

KUALA LUMPUR – The sessions court here heard today that a medical examination report for deceased navy officer J. Soosaimanicckam was lacking an officer-in-charge signature, preventing him from seeking further medical attention outside the navy camp in Lumut, Perak, in 2018.

Lt Cdr Muhammad Faiz Mohamed Zanila, testifying as the first defendant in a negligence suit brought by the deceased’s father, said that without such a signature, no cadet is allowed to leave the premises.

He made this statement during cross-examination by lawyer Latheefa Koya, representing the plaintiff S. Joseph.

In his witness statement, Faiz clarified that the form was not intended to obtain permission for cadets to seek medical attention outside the camp but rather to inform officers of the cadets’ movements and arrange transportation to the hospital.

Faiz is one of the 15 defendants named in the negligence suit filed in 2021, following the death of Soosaimanicckam from pulmonary oedema (fluid in the lungs) in 2018, a week after he reported for duty at the KD Sultan Idris naval base.

He also testified before judge Idah Ismail that the deceased had not complained of sickness in the days leading up to May 19, 2018, when he died.

“However, on May 19, I received a report from the fifth defendant (in the suit) saying that the deceased had been brought to hospital because of his weak condition. 

“I found out some time later on the same day that he had passed away, after he was brought to the hospital.”

Lt Mazlan Ismail, the defendant’s second witness, told the court that Soosaimanicckam appeared visibly tired almost every day, especially during their physical training, which included running and sit-ups.

Mazlan, who was Soosaimanicckam’s roommate at the time, said he did not offer any assistance to the deceased, nor did Soosaimanicckam ask for help, as they were not close. 

However, he noted that on the morning of May 19, the deceased seemed healthy while queuing to have their body mass index recorded.

30072024-Soosaimanicckam family member and father S. Joseph (R)-ALIF OMAR
S. Joseph (right), the father of Soosaimanicckam, at the Kuala Lumpur Courts Complex today. – Alif Omar/Scoop pic, July 30, 2024

Soosaimanicckam, 27, died on May 19, 2018, while undergoing training at the KD Sultan Idris naval base. He had reported for duty on May 12, just a week before his death. 

His post-mortem report indicated pulmonary oedema as the cause of death.

However, the Ipoh High Court ruled yesterday that Soosaimanicckam’s death was a homicide.

Soosaimanicckam’s father had filed the suit against the government, the Malaysian Armed Forces Council and 13 others, claiming negligence for failing to provide the necessary medical attention, leading to his son’s death.

Earlier, the plaintiff concluded their case after their final witness, Datuk Seri Dr Bhupinder Singh, testified.

In his witness statement, Bhupinder said that the post-mortem should have been conducted by a trained forensic pathologist.

“Many aspects mentioned in the post-mortem report were not adequately investigated. The doctor who conducted the post-mortem failed to send specimens such as blood and urine samples for further investigation.

“From the available history, the patient (Soosaimanicckam) had been complaining about difficulty in breathing and muscle aches. Not being treated, the deceased went into massive renal failure, shock and massive pulmonary haemorrhage leading to respiratory failure.

“In my opinion, if the deceased had been referred to a medical institution early, recovery would have been possible.” – July 30, 2024

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