Former Royal Malaysian Navy (TLDM) cadet officer told the Sessions Court here today that he saw a lieutenant sitting on top of the late J. Soosaimanicckam's stomach and slapping him repeatedly, a day before the victim's death.
Anas Hakimi Mat, 31, who now works as a lawyer, said the officer known as Lieutenant Muda Ariff committed the act against cadet officer Soosaimanicckam, 27, during cadet training on May 18, 2018.
The incident occurred on Friday, a day before he died on May 19, 2018. During the incident, we were all in front of him and saw him being hit while we were lined up in a 'push-up' position, almost everyone saw the trainer's reaction.
"A major named Rahim came to the scene and calmed the situation," he said.
The fourth plaintiff witness said this during the main examination by lawyer Zaid Malek representing S. Joseph as the plaintiff in his suit against the Malaysian government, the Defense Minister, and 13 other parties as defendants.
According to Anas, the deceased was often isolated from other trainees because he repeatedly requested to be exempted from training for medical reasons.
During the cross-examination by Federal Senior Counsel Nur Ezdiani Roleb, Anas disagreed that the deceased was isolated and treated harshly to strengthen discipline and fighting spirit for the country.
He said the deceased was a large-bodied person and sometimes had discipline problems.
Earlier, the court also heard testimony from the victim's two brothers who are also the second and third plaintiff witnesses, J. Charles, 38, and J. Calvin, 36.
In the lawsuit filed on May 19, 2021, the victim's family alleges that the defendants were negligent in not providing emergency treatment when the victim collapsed on the day of the incident, as well as failing to monitor the victim's well-being and health during the training session.
As such, the plaintiff demands general damages, aggravated damages, exemplary damages, and other relief deemed appropriate by the court.
Soosaimanicckam, who was a Graduate Cadet Officer (PKG), was confirmed dead at the Armed Forces Hospital (HAT) Lumut, and the Ipoh Coroner's Court last year decided to hold an open verdict in the inquest to determine the cause of the cadet officer's death.
Coroner Ainul Shahrin Mohamad also ruled that the cause of Soosaimanicckam's death, who died while undergoing training as a cadet officer at KD Sultan Idris, Lumut, was due to pulmonary edema.
The trial before Judge Idah Ismail continues on April 17.