KUALA LUMPUR: Navy cadet officer J. Soosaimanicckam, who died after completing his daily physical training, could have survived if he had received early treatment, a forensic pathologist told the Sessions Court.
Datuk Seri Dr Bhupinder Singh testified that based on the available history, Soosaimanicckam had complained about difficulty in breathing and muscle aches.
He said several symptoms suggested that the deceased likely had leptospirosis from the beginning.
"In my opinion, if the deceased had been referred to a medical institution early, recovery would have been possible," he said on Tuesday (July 30).
"Most people recover in a few days or weeks. Patients with severe symptoms need to be treated in a hospital," he added in his witness statement.
Dr Bhupinder is the plaintiff's final witness in a negligence lawsuit filed by Soosaimanicckam's father, S. Joseph, against 11 navy officers, the navy commander, Malaysian Armed Forces Council, the Defence Minister, and the Malaysian government as the first to 15th defendants.
Based on his examination, Dr Bhupinder said the cause of death was multiorgan failure with disseminated intravascular coagulation due to leptospirosis.
This differs from the Ipoh High Court's findings of pulmonary oedema caused by leptospirosis and the Sessions Court's (which sat as a Coroner’s Court) findings of pulmonary oedema.
Dr Bhupinder said it was not appropriate to list pulmonary oedema as the cause of death as it was just a finding in the particular case.
"What led to the pulmonary oedema is what we are interested in," he explained.
Dr Bhupinder also told the court that the post-mortem conducted by the medical officer was "not appropriate" and should have been conducted by a trained forensic pathologist.
"A lot of things mentioned in the post-mortem report have not been looked into to come to a proper diagnosis.
"In an institutional death like this, especially involving government agencies, the post-mortem should have been conducted by a trained forensic pathologist, particularly in this case where the cause of death was not obvious," he added.
In the lawsuit filed on May 19, 2021, the victim's family alleges negligence on the part of the defendants for failing to provide emergency treatment when the victim collapsed on the day of the incident and further claims negligence in monitoring his well-being and health during training sessions.
The plaintiff seeks 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.
Last year, the Ipoh Coroner's Court delivered an open verdict during the inquest into the cadet officer's death to ascertain the cause.
Coroner Ainul Shahrin Mohamad determined that the cause of Soosaimanicckam's death, which occurred during cadet training at KD Sultan Idris, was pulmonary oedema.
On Monday (July 29), the Ipoh High Court set aside the coroner’s open verdict and revised it to homicide.
The hearing before Sessions Court judge Idah Ismail continues on Thursday (Aug 1).
