DATUK SERI KHALID BIN ABU BAKAR & ORS V N INDRA ( THE ADMINISTRATOR OF THE OF THE ESTATE AND DEPENDANT OF KUGAN A/L ANATHAN , DECEASED)
Police- Duties of Police Breach of statutory duties - Detainee beaten to death by policemen whilst in detention - Abuse of remand warrant - attempt to cover up incident Vicarious liability - whether tortfeasor and superior officers liable for deceased death
Held:- where there is a breach of a constitutional right by a public authority, S8 (2) of the Civil Law Act does not apply and the courts cannot be barred from awarding exemplary damages. Section 8 of the CLA ONLY applies to private torts in so far as the prohibition of awarding exemplary damages. This was an appropriate case to award exemplary damages.
Writers opinion= Courts award exemplary compensation when on the facts before the Court, the actions of the offender are so reprehensible with a conscious disregard for the rights of another. The basis of this reasoning is that, it it to deter others from engaging in a similar conduct.
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