AS the nation grapples with the glaring disparities in Malaysia’s justice system, another shocking case has come to the forefront that further exemplifies the ongoing injustice faced by ordinary citizens.
In a unanimous decision by a three-judge panel of the Court of Appeal, a 22-year-old man who lost the head of his penis during a botched circumcision 13 years ago saw his damages award slashed from RM3.1 million to a mere RM123,556.
This decision raises disturbing questions about the fairness of Malaysia’s legal system, especially when it comes to compensating victims of negligence.
The case, which involved the government and four other defendants – the Kuala Lipis Hospital’s medical officer and director, as well as the Selayang Hospital’s specialist and director – had initially resulted in a high court ruling awarding the man RM3.1 million in damages.
This decision was a reflection of the egregious medical negligence that left the young man permanently scarred and altered the course of his life forever.
Justice Akhtar Tahir, in his judgment issued on May 27, 2022, had pointed out the damning evidence of negligence. He noted that the delay by the medical staff in attending to the man’s injuries had extinguished any hope of saving his private part.
The RM3.1 million in damages was intended to compensate not only for the physical pain and suffering, but also for the profound emotional and psychological trauma that the young man had endured.
However, the recent decision by the Court of Appeal, which drastically reduced the compensation to a fraction of its original amount, sends a distressing message about the value placed on the suffering of ordinary Malaysians. The panel found that the initial RM3.1 million awarded by justice Akhtar Tahir was “too high.”
This case, like the DNAA cases and others before it, highlights a concerning trend of unequal treatment within the Malaysian justice system.
It raises the unsettling question: Are victims of negligence, particularly those who are not part of the political or economic elite, truly receiving the justice and compensation they deserve?
In Malaysia, there appears to be a disconcerting pattern where the scales of justice tilt in favour of those with power and influence while ordinary citizens are left to bear the brunt of negligence without adequate recourse.
The disparity in damages awarded in this case, compared to the original ruling, is yet another stark example of this injustice.
As the nation grapples with these disparities, it is imperative that Malaysians demand reforms to ensure that justice is blind and impartial. The judiciary must revisit decisions that appear to favour the privileged and government over the powerless.
There must be a renewed commitment to holding those responsible for negligence accountable and ensuring that victims receive fair and just compensation for their suffering.
Ultimately, the fate of the young man who lost part of his penis and countless others like him will be a litmus test for Malaysia’s commitment to justice and equality.
The nation must confront this issue head-on and strive to build a legal system that is compassionate, fair, and free from political influence – a system that truly serves all Malaysians, regardless of their social status or connections. Until then, the scars of injustice will continue to mar the fabric of this diverse and vibrant nation. – September 27, 2023
Ghazalie Abdullah is a public relations practitioner, a four-term past president of the Malaysian chapter of the International Association of Business Communicators, a fellow of the Public Relations and Communications Association of Malaysia, and a former TV3 newscaster