The High Court in Kuala Lumpur today set Jan 23 to decide on an application by four policemen to set aside a judgment in default obtained by MS Marry, the widow of N Dharmendran, a prisoner who died in police custody three years ago.

Judicial Commissioner Roslan Abu Bakar set the date in chambers after hearing submissions from the lawyers concerned.

Last Sept 19, Marry had obtained from the High Court a judgment in default of appearance against Inspector S Hare Krishnan, 42, Sergeant Jaffri Jaafar, 46, Corporal Mohd Nahar Abd Rahman, 47, and Corporal Mohd Haswadi Zamri Shaari, 34.

Last May 20, Marry, 29, filed a lawsuit against the inspector-general of police, nine police officers who included the four policemen, and the Malaysian government for negligence and breach of statutory duties.

The housewife is seeking general, special, aggravated and exemplary damages, damages for assault and battery against the deceased, negligence, damages for breach of statutory duty by the defendant, interest, and other reliefs deemed fit by the court.

In her statement of claim, Marry claimed that the defendants deliberately assaulted and battered Dharmendran while in police custody, causing his death.

She claimed her husband's death was due to breach of statutory duty by the defendants under Section 3(3) and 20 of the Police Act 1967.

Dharmendran, 34, was arrested on charges of attempted murder, involving firearms.

On Feb 26, the Court of Appeal ordered the four policemen to be tried on charges of murdering Dharmendran, after setting aside their acquittal by the High Court in Kuala Lumpur.

They were accused of murdering Dharmendran in the interrogation room of the Serious Crimes Division (D9), 7th Floor of district police headquarters on Jalan Hang Tuah, Kuala Lumpur, between May 18 and 21, 2013.

However, on June 29, the High Court acquitted and discharged them on the charge after the prosecution failed to prove the case beyond reasonable doubt against the accused.

- Bernama