The High Court here today dismissed a RM3 million damages claim filed by a man over the death of his daughter, who was allegedly electrocuted at a hostel in Universiti Utara Malaysia (UUM), Sintok, four years ago.
Judge Dr Mohammad Johan Lee rejected the claim with costs of RM5,000 after finding that the plaintiff, R. Sivakumar, had failed to prove his case against UUM as the defendant. Sivakumar was represented by lawyers M. Manoharan and M. Hariharan, while UUM was represented by P. Barvina and Y. Sathisharajah.
In his judgment, the judge said the plaintiff failed to establish that electrocution was the primary cause of death of UUM student Vinosiny R. Sivakumar, 21.
“The plaintiff relied heavily on the post-mortem report prepared by SP1 (medical officer), which concluded that the cause of death was electrocution based on histopathological findings and injuries on the deceased’s ankle.
“However, during cross-examination, SP1’s findings showed fundamental weaknesses when he admitted forming an initial opinion of possible electrocution on May 22, 2022, before visiting the scene or completing investigations,” he said.
The judge also noted that SP1 had not conducted key forensic tests, including metallisation analysis.
“He further agreed that the histopathological features relied upon, such as nuclear elongation, are not exclusive to electrocution and may also result from other trauma, including thermal burns. SP1 also admitted he does not have expertise in electrical matters,” he added.
The court also found that the deceased had a medical condition, myocardial fibrosis, which increases the risk of fatal arrhythmia.
The judge said the post-mortem report could not be relied upon as strong evidence, noting that SP1 was not a consultant forensic pathologist and had handled fewer than five electrocution cases in his career.
SP1 had also suggested that the alleged electrocution might have occurred when the victim’s ankle came into contact with a metal bar beneath a table. However, he acknowledged there was no link to electrical current from a wall lamp, as claimed by the plaintiff, and that the metal bar was merely a conductor and could not generate electricity on its own.
“As SP1 failed to identify the source of any electrical leakage, his conclusion remains speculative. Furthermore, the defendant presented independent and credible evidence from the Energy Commission, which conducted a thorough inspection on June 1, 2022, and found no electrical leakage, with all safety devices functioning properly,” the judge said.
Meanwhile, the plaintiff’s lawyer Manoharan said they would file an appeal against the decision tomorrow.
It was previously reported that the fourth-semester Bachelor of Accounting student was found unconscious in her hostel room before being pronounced dead on May 21, 2022.
