The High Court in Johor Baru ordered the Malaysian government, Darmaji Darwi, and Mohsin Jamari, to pay RM305,000 in damages to the family of Mohamad Ezanee Zakaria. — Picture courtesy of Google Maps

JOHOR BARU, Oct 16 — The family of a 38-year-old trainee at the Cure and Care Rehabilitation Centre (CCRC) in Kota Tinggi, who was beaten to death by two auxiliary policemen in 2013 while in detention has won their civil suit.

The High Court here today ordered the first, fifth and sixth defendant — the Malaysian government, Darmaji Darwi, 28, and Mohsin Jamari, 35, to pay RM305,000 in damages to the family of Mohamad Ezanee Zakaria.

Justice Datuk Teo Say Eng also ordered the government to pay RM50,000 costs to the family and five per cent interest per annum on the RM305,000, effective from the filing date of the civil action.

Mohamad Ezanee’s mother, Mek Eshah Jusoh, 73, filed the suit on Feb 24, 2014, through Messrs Adnan Sharida & Associates, seeking RM1.55 million from the Home Minister, National Anti-Drugs Agency (AADK) director-general, Kota Tinggi CCRC director, and Darmaji and Mohsin.

In her statement of claim, she alleged that the defendants had been negligent, failed or had abused their public authority in ensuring the safety of the victim, a trainee at the centre.

However, in his judgement, Teo ruled that the Home Minister, AADK director-general and Kota Tinggi CCRC director were not liable for Mohamad Ezanee’s death.

Mohamad Ezanee’s family was represented by counsel Ahmad Hafiz Zubir and Auzan Sazali, while the first to fourth defendant, by senior federal counsel Thalha Bachok.

Darmaji and Mohsin who were unrepresented, are currently in prison after the Kota Tinggi Sessions Court sentenced them to 15 years imprisonment effective from their arrest in 2013, for causing the victim’s death by negligence, under Section 304 of the Penal Code.

Mohamad Ezanee was sent to Kota Tinggi CCRC on Nov 14, 2013 and on the same day was believed to have been assaulted or attacked by the two auxiliary policemen.

He fell unconscious and was sent to Kota Tinggi Hospital, and transferred to Sultanah Aminah Hospital here.

He died on Nov 15, and the post mortem revealed the cause of death to be blunt trauma to the head. — Bernama