PUTRAJAYA (May 3): The Court of Appeal has overturned a High Court ruling to strike out three negligence lawsuits over the deadly 2016 fire at Sultanah Aminah Johor Bahru Hospital, and ordered the suits to go for trial at the High Court.

In a unanimous decision on appeals by the parents of three patients who perished in the fire — Logeswaran Krishnasamy, Choo Lin Fong, and Kaliama Muniandy — the appellate court bench led by Datuk Lee Swee Seng said that the fire was a public interest case, and the public have a right to know whether or not the government as the defendant was negligent.

He also said that this is not a “plain and obvious case for striking out”, as there are issues that need to be proceeded in trial, especially the matter of the parents not being informed of the independent investigative committee’s report of the fire.

He said these issues should be tried, because there were allegations that various representations were made by the government to urge the parents to be patient, and not file any suits until the conclusion of the report, which was released in 2020.

“The appellants (parents) as laymen took the representations by the defendant (the government) to be true, and relied on the representations made. It was only much later that they realised that the investigation report was completed, and they weren’t informed,” he said.

He further added that whether or not this was the case, the public need to know.

“Whether or not it’s true, it’s a matter of trial, moreso in a public interest case, because the public have the right to know the cause of the fire, and whether or not there was negligence on the part of the defendant (the government),” he said.

The Court of Appeal bench, which also comprised judges Datuk Wong Kian Kheong and Datuk Seri Mariana Yahya, then allowed the three appeals, and set aside the order made by the High Court in February last year.

“We allow the three appeals, and set aside the order of the High Court. We remit the trial for a different judge,” said Lee.

Six patients perished in the fire, which broke out on Oct 25, 2016 at the south intensive care unit ward of the hospital.

According to a 225-page report produced by the independent investigative committee led by former Court of Appeal judge Datuk Seri Mohd Hishamudin Yunus, the hospital had operated for years without a fire certificate, and its entire management and the Ministry of Health did not appear to take fire safety seriously, despite similar incidents occurring since 2008.