FAMILY MEMBERS OF VICTIMS IN ITTIFAQIYAH TAHFIZ CENTRE FIRE AWARDED RM1.43 MILLION IN DAMAGES

KUALA LUMPUR, Feb 10 (Bernama) --  A total of 17 family members of victims of the Darul Quran Ittifaqiyah Tahfiz Centre fire in Datuk Keramat nine years ago, along with 14 former students, have been awarded RM1.43 million in damages in a civil suit against the centre’s owner and the Federal Territory Islamic Religious Council (MAIWP).

High Court Judicial Commissioner Dr Suzana Muhamad Said, in allowing part of the plaintiffs’ claims, also ordered the centre’s owner, Mohd Zahid Mahmood, his wife Samsurini Mohd Anuwi, and MAIWP to each pay RM10,000 in bereavement compensation to the next of kin of families who lost their children.

The court further ordered the three defendants to pay RM20,000 in costs to each plaintiff.

The RM1.43 million award comprises RM500,000 in exemplary and aggravated damages to be paid jointly by all three defendants, as well as RM30,000 in nominal damages to each plaintiff.

In her decision, Suzana said the court found the defendants negligent in ensuring the safety and conditions of the tahfiz students and teachers occupying the building.

“The court’s decision is based on evidence....the court cannot arbitrarily make a decision based on emotions and suitability, but is based on existing law, and the burden of proving the claim is on the plaintiffs. 

“It is undisputed that a fire occurred and that deaths and injuries resulted. The issue before the court is who was negligent and responsible,” she said.

She noted that while the defendants denied liability and attributed the incident to criminal acts already determined by the criminal courts, the present case concerned civil liability and negligence.

However, Suzana dismissed the plaintiffs’ claims for damages for trauma, injury and emotional distress, as well as claims over public donations received by the tahfiz centre.

“It was not proven that the funds collected were intended for distribution to the plaintiffs, particularly as the money was deposited into a private account. No amount can replace the loss suffered, but the court finds that appropriate nominal damages may be awarded,” she said.

Meanwhile, counsel for the plaintiffs, Mohaji Selamat, informed the court that his clients intend to file an appeal against today’s decision. He was assisted by lawyers Mohamad Azli Arba’ai, Muhammad Asif Zahari and Muhammad Hadi Nafiz Mohammad Din.

Owners of the tahfiz centre were represented by Datuk Ahmad Zaharil Muhayar and Nurul Syamimi Norazlan, while MAIWP was represented by lawyer Fakhrul Azman Abu Hasan, Nooron Aini Zakaria and Nurfaiqa Fakhrul Azman.

The plaintiffs filed the suit in June 2018 against the defendants, claiming that they were negligent, causing some of the students to become victims of a fire and be unable to escape during the fire.

They sought a declaration that the three defendants were negligent in ensuring the existence of fire prevention equipment on the exit stairs of the student dormitory, failed to create two exits in the dormitory rooms and allowed a building that did not yet have a Certificate of Occupancy/Certificate of Completion or Certificate of Completion and Compliance (CCC) to be used as a dormitory for the tahfiz centre.

The fire at the tahfiz centre in Kampung Datuk Keramat occurred at 5.15 am on Sept 14, 2017, resulting in the deaths of 21 students and two teaching staff.

On  Aug 17, 2020, the High Court ordered a 22-year-old man to be detained at the pleasure of the Yang di-Pertuan Agong after finding him guilty of the murder of the 23 people in the fire. He was 16 years-old at the time of the offence.

His appeal was dismissed by the Court of Appeal on Sept 11, 2023 and on  March 21, 2024, the Federal Court upheld his prison sentence.

-- BERNAMA