What duty of care do authorities owe to seized items?

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Authorities Owe a Statutory Duty of Care for Seized Items

Malaysian authorities, specifically the police and the government, owe a statutory duty of care and control over jewellery seized under the law. This duty is established under Section 413 (5) of the Criminal Procedure Code, which governs the handling of property that has been seized. In cases where a breach of this statutory duty is alleged, individuals from whom the items were seized may seek indemnity relief from the authorities.
Legal Basis for Duty of Care Over Seized Property

The Court of Appeal has affirmed that law enforcement agencies and the government have a specific legal obligation regarding items taken into their custody. This obligation is rooted in Section 413 (5) of the Criminal Procedure Code, which mandates a duty of care and control. This provision establishes a direct link between the authorities and the seized property, implying a responsibility to safeguard it.
Application in the Global Royalty Trading SAL Lawsuit

This principle of statutory duty of care was central to Datin Seri Rosmah Mansor's successful appeal. She sought to include the Malaysian Government and the police as third parties in a lawsuit filed by Global Royalty Trading SAL concerning over 40 missing pieces of jewellery valued at USD14.57 million. Rosmah contends that these items were seized by Malaysian authorities, and the Court of Appeal found that the proposed third parties indeed have a statutory duty of care over the jewellery.
Potential for Indemnity Relief

The Court of Appeal's decision allows Rosmah to pursue indemnity relief against the government and police should it be determined that they failed to uphold their statutory duty. Global Royalty Trading SAL claims that only one of the 44 pieces of jewellery was retained by the police, with the remaining 43 pieces not being in their custody. This assertion highlights the core of Rosmah's argument, which is that if the jewellery is missing, the responsibility may lie with the authorities who were legally obligated to care for it.

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What duty of care do authorities owe to seized items?

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