KUALA LUMPUR: The Sessions Court today dismissed a negligence lawsuit filed by the family of the late naval cadet officer J. Soosaimanicckam against the Malaysian Armed Forces Council and the government over his death.
Lawyer Zaid Malek who represented the family said Judge Idah Ismail dismissed the case as the plaintiff failed to establish the claim on the balance of probabilities.
"We will file an appeal against the decision," he said when contacted.
The court also awarded RM10,000 in costs to the defendants.
The plaintiff also named 11 Royal Malaysian Navy officers, the RMN chief, and defence minister as defendants, among others.
Federal Counsel Abdul Hakim Abdul Karem appeared for all defendants.
The plaintiff is seeking general damages, aggravated damages, exemplary damages, and other relief deemed appropriate by the court.
Soosaimanicckam, a Graduate Cadet Officer, was pronounced dead at the Armed Forces Hospital in Lumut on May 19, 2018.
On July 29, the High Court in Ipoh overturned the open verdict by the Coroner's Court over Soosaimanicckam's death and reclassified it as homicide.
Judge Datuk Abdul Wahab Mohamed said the RMN officer responsible for the cadet's training had acted to deny the cadet medical treatment, which led to his eventual death.
On June 16 last year, the Sessions Court sitting as the Coroner's Court issued an open verdict regarding the inquest to determine the cause of death of the graduate cadet officer.
The RMN, in a press statement on May 20, 2018, reported that Soosaimanicckam had complained of chest pain and shortness of breath in his dormitory block after completing physical training at around 12.20pm.
The physical training was part of the daily routine for trainees.