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- This case was an appeal case against the Sessions Court decision in both quantum and liability which found the appellants liable to pay the respondents RM249,893.58. The first appellant was made liable while the second appellant was made vicariously liable for the loss of jewellery within the police custody.
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- 1 FEBBRUARY 2001
- The plaintiffs, siblings and partners of a jewellery shop, who are now the respondents, were robbed and estimated to have incurred loss valued at around RM50,000 from the offence committed.
- JEWELLERY SHOP
- JEWELLERYSHOP
- The robbers were apprehended by the police during the Ops Tutup in Banting. 4 February 2001, the suspects were charged in Klang Sessions Court under s. 395 and s. 397 of the Penal Code.
- 5 February 2001
- The first respondent and their insurer went to Banting Police Station to identify the recovered jewellery items. The first respondent confirmed based on the design and colour that the jewellery was taken from their shop. The recovered items weighed a total of 1,436.17g in gold.
- The next day, three of the respondents’ staff members also identified the recovered items based on their handwriting on the tags.
- The criminal proceedings were drawn out and finally concluded in 2013. The respondents inquired about the return of the jewellery prior to 2013, however, they were informed that the jewellery could not be returned until the criminal proceedings were completed because it was being used as evidence.
- Therefore, the respondents filed an application under s. 413 of the Criminal Procedure Code in April 2012, and on the date of the hearing, the respondents denied the ownership of the exhibits produced in court because they were not pure gold but merely gold plated jewellery. There was also an 82.9g difference in gold weight.
- 19 JUNE 2012
- The respondents filed a police report at the Salak Tinggi police station, and the investigating officer, Inspector M Yusof bin Jahaya who was the first defendant and now the appellant filed a report at the Kuala Langat station the same day. The exhibits were sent to the chemist department for examination, which confirmed the respondents’ claim.
- 31 MAY 2018
- The respondents filed the suit, alleging that the appellants were negligent in handling the respondents’ jewellery. The relief sought was an order requiring the appellants to deliver the items previously identified by the respondents or, alternatively, to compensate the respondents RM330,000 for the loss of the jewellery or at the current price of gold.
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