KUALA LUMPUR, Aug 17 — The High Court today rejected the RM8 million lawsuit filed by the family of Selangor Customs assistant director Ahmad Sarbaini Mohamed against the Malaysian Anti-Corruption Commission (MACC), the Government of Malaysia and seven others over his death while in MACC’s custody four years ago.

Judge Datuk Kamaludin Md Said made the decision after finding that the plaintiffs, who are Ahmad Sarbaini’s widow Masiah@Maziah Manap and son Shahril, had failed to prove the balance of probability in the case.

He said both plaintiffs also failed to prove that Ahmad Sarbaini died due to the negligence of MACC.

“The action taken by the MACC, in discharging their duties, was in accordance with the law. Hence, both plaintiffs had failed to prove the allegation that the MACC had been negligent in discharging their duties,” he said.

Kamaluddin said Ahmad Sarbaini’s detention by the MACC was legal and that the court had also found that the MACC officer had never hidden Ahmad Sarbaini’s death.

The court also ordered the plaintiffs to pay cost of RM10,000 to the Government.

Senior federal counsel Kamal Azira Hassan, appeared for the MACC, while lawyer Razlan Hadri Zulkifli, represented Ahmad Sarbaini’s family.

Masiah@Maziah, 54, and Shahril, 31, filed the suit in April 4 last year, naming the MACC, the Government, MACC Chief Commissioner, director Mohamed Yussuf Akope and five officers - Mohamad Fauzi Hussin, Sheikh Niza Khairy Sheikh Mohamed, L. Baskar, Mohd Rosly Mohd Saupi and Kamal Awang Besar - as defendants.

In her statement of claim, Masiah claimed that her husband’s death was a result of the latter sustaining serious injuries inflicted by the defendants.

She also claimed the defendants had launched mental and physical attacks against the deceased, hence causing his death.

Masiah and her son are seeking aggravated, exemplary and vindicatory damages for misfeasance of public office totalling RM8 million. They are also seeking other costs, interest and relief deemed fit by the court.

On Sept 26, 2011, the Coroner’s Court delivered a verdict of misadventure and concluded that there were no elements of suicide, homicide or third party involvement in the death of Ahmad Sarbaini.

Ahmad Sarbaini, who was attached to the Port Klang Customs, was found dead on the first floor of the MACC building in Jalan Cochrane here on April 6, 2011.

He was 56.

He was reported to have gone to the MACC office voluntarily to meet an investigating officer in relation to a bribery case involving 62 Customs officers.

Meanwhile, Razlan Hadri told reporters that he would seek further instruction from his clients whether they would take the case to the Court of Appeal.

“I need to study the ground carefully. There is a legal issue because when Ahmad Sarbaini died, he was under MACC custody and MACC should have ensured he was safe,” he said.

Masiah@Maziah, who was also present, however, refused to be interviewed. — Bernama